In a recently concluded international arbitration proceeding under the auspicious of the Thai Arbitration Institute, the Tribunal’s sole arbitrator, a Thai national, awarded DUENSING KIPPEN’s non-Thai investor client the client’s full claim amount plus interest from the time the claim was ripe at 7.5%/annum. The client’s Thai joint-venture partner argued that the arbitration clause was ineffective so the Tribunal had no legal power to determine the issue presented and issue an Award accordingly. Alternatively, the joint-venture partner also argued that the DUENSING KIPPEN’s client had breached the joint-venture agreement. However, the Tribunal found that: the arbitration agreement was valid; the client did not breach the joint-venture agreement; but that it was the Thai joint-venture partner who breached the parties’ agreement.
Another big DUENSING KIPPEN international arbitration win in Southeast Asia
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