Summary

Introduction

HC/OA 164/2026 ("OA 164") is an application by Bangladesh Rural Electrification Board ("BREB") to set aside parts of the Consolidated Final Award dated 7 November 2025 ("Award") made by the arbitral tribunal ("Tribunal") in an ad hoc consolidated arbitration of "Matter No 1" and "Matter No 2" ("Arbitration") between BREB and KSE Electricals Pte Ltd (India) ("KSE"). OA 164 concerns only Matter No 1, in which BREB was the claimant and KSE the respondent. All references henceforth to the Arbitration and Award are as they relate to Matter No 1.

BREB premised its setting aside application on three main grounds:

(a) Pursuant to s 24(b) of the International Arbitration Act 1994 (2020 Rev Ed) and/or Art 34(2)(a)(ii) of the UNCITRAL Model Law on International Commercial Arbitration ("Model Law"), there was a breach of natural justice in that the Tribunal failed to apply its mind to the essential issues arising from BREB's arguments in deciding:

(i) the Defective Goods Claim; and

(ii) the Wilful Misconduct Claim.

(b) Pursuant to Art 34(2)(a)(iv) of the Model Law, there was a breach of agreed arbitral procedure in respect of the Further Joint Testing (defined at [16] below) ("Ground 3").

Having considered the parties' evidence and submissions, I dismiss OA 164 for the reasons that follow.

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Arbitration -- Award -- Recourse against award -- Setting aside -- Arbitral procedure not in accordance with parties' agreement -- Breach of natural justice