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Guerrilla Tactics in International Arbitration: Ethics, Practice and Remedies


ISBN13: 9789041140029
Published: November 2013
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £204.00



Despatched in 7 to 9 days.

To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested ‘stakeholders’.

Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at Vienna Arbitration Days 2010, at which time they used the popular term guerilla – denoting such tactics as ambushes, sabotage, and terrorism – to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration.

Their call bore fruit, and this collection of essays by a wide spread of seasoned arbitration practitioners – the driving forces in their field – as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanism’s envisioned mode of operation.

They offer eminently practical, ‘hands-on’ discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and – most importantly – the way forward. Among the specific topics are the following:-

  • dealing with state entities;
  • sanctions available for arbitrators to curtail guerrilla tactics;
  • tools available to the arbitral tribunal; and
  • use of diplomatic channels.

      The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank. As an invaluable source of knowledge and guidance, particularly as an instrument available to practitioners faced with arbitration guerrillas in jurisdictions all over the world, this book will rapidly become an indispensable handbook for use in difficult factual situations where time and means of recourse are limited.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Contributors.
Preface.
Foreword
J. Beechey.
1. Introduction to Guerrilla Tactics in International Arbitration.
2. Dealing with Guerrilla Tactics at Different Stages of an International Arbitration.
3. . Guerilla Tactics in National and International Litigation.
4. The Role of International Institutions.
5. Ethics in International Arbitration.
Conclusion.

Series: International Arbitration Law Library

Transnational Due Process and Article V(1)(b) of the New York Convention ISBN 9789403524375
To be published June 2024
Kluwer Law International
Early Determination of Jurisdiction (eBook) ISBN 9789403502786
Published March 2024
Kluwer Law International
£157.00
(ePub)
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Early Determination of Jurisdiction ISBN 9789403502687
Published March 2024
Kluwer Law International
£165.00
£160.00
(ePub)
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£160.00
Contract Law in International Commercial Arbitration (eBook) ISBN 9789403510668
Published November 2022
Kluwer Law International
£160.00
(ePub)
Buy
Contract Law in International Commercial Arbitration ISBN 9789403510361
Published November 2022
Kluwer Law International
£160.00
£165.00
(ePub)
Buy
The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law ISBN 9789403541853
Published December 2021
Kluwer Law International
£165.00
Autonomous Versus Domestic Concepts under the New York Convention ISBN 9789403531731
Published March 2021
Kluwer Law International
£173.00
Autonomous Versus Domestic Concepts under the New York Convention (eBook) ISBN 9789403531748
Published March 2021
Kluwer Law International
£173.00
(ePub)
Buy
£167.00
(ePub)
Buy
£167.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
£144.00
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
£148.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
£164.00
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£189.00
The Functions of Arbitral Institutions (eBook) ISBN 9789041162205
Published August 2016
Kluwer Law International
£189.00
(ePub)
Buy
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£204.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£211.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£217.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£204.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£204.00
£204.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£204.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£204.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£185.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£185.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£185.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£231.00
£182.00
£197.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£177.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£187.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£187.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£239.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£257.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£300.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£154.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£207.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£195.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print
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