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