D Entertainment Investment Services Company Limited (Company D) v. V Joint Stock Company (Company V) [2023] Ba Ria–Vung Tau People’s Court, Decision No 02/2023/QĐ-PQTT The parties had agreed to a business cooperation to run an electronic gaming club for foreign patrons inside a hotel in Vung Tau. Controversies appeared, and they exchanged letters/emails to terminate… Continue reading COURT SETS ASIDE AN ARBITRAL AWARD DUE TO THE “ABSENCE OF ARBITRATION AGREEMENT” AND “DISPUTE IS NOT WITHIN THE JURISDICTION OF THE ARBITRAL TRIBUNAL”
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SILENCE ISN’T CONSENT: WHEN ARBITRATORS OVERREACH
In the realm of arbitration, party autonomy—the principle that parties freely choose how to resolve their disputes—is paramount. No party should be compelled into arbitration without clear, mutual, and explicit consent. This fundamental principle dictates that arbitration agreements must be unequivocally written and enforceable. This principle was reinforced in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp.,… Continue reading SILENCE ISN’T CONSENT: WHEN ARBITRATORS OVERREACH