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.