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Taming the Guerrilla in International Commercial Arbitration: Levelling the Playing Field


ISBN13: 9789811900778
Published: May 2023
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Paperback (Hardback in 2022)
Price: £109.99
Hardback edition , ISBN13 9789811900747



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The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Chapter 1: A Bird's-Eye View
Chapter 2: The Nature of Guerilla Tactics in International Arbitration
Chapter 3: The Various Forms of Guerilla Tactics and Their Impact on the Arbitral Process
Chapter 4: Possible Factors that Might Enable Participants to Deploy Guerilla Tactics
Chapter 5: Mechanisms to Control Guerilla Tactics
Chapter 6: Recommendations
Chapter 7: Conclusion