UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice O. Okeke, delivered on the 30th of April, 2013, in which he set aside the Arbitral Award dated 1st day of July, 2010 on the ground that the Arbitral Panel misconducted itself by not considering the effects of Exhibits "BB, CC and DD" as regards the issue of force majeure.
The Respondent as Applicant in the Federal High Court filed an Originating Motion dated the 27th of September, 2010 seeking the following reliefs:
1. An Order setting aside the Arbitral Award dated 1st of July, 2010 and delivered on the same day by the Arbitral Tribunal Presided over by Hon. Justice Kayode Eso CON, LLD, LITT. D. FNIALS
2. An Order staying execution of the aforesaid Arbitral Award pending the hearing and determination of this Application.
3. An Order deeming the Record of Arbitral proceedings annexed herewith as "Exhibit RTF6" as the complete and proper Record of proceedings of the Arbitral…