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 the Vienna Arbitration Days
2010, at which time they used the popular term guerilla – denoting such
tactics as ambushes, sabotage, and intimidation – 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 contributions 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 guerrilla
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;
influence of international institutions; 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.
List of Editors and Contributors. Foreword. Preface. CHAPTER 1
Introduction to Guerrilla Tactics in International Arbitration. CHAPTER 2
Dealing with Guerrilla Tactics at Different Stages of an Arbitration.
CHAPTER 3 Guerrilla Tactics in National and International Litigation.
CHAPTER 4 The Influence of International Institutions. CHAPTER 5
Guerrilla Tactics and Ethical Regulation. CHAPTER 6 Conclusion and
Outlook. APPENDIX I IBA International Principles on Conduct for the
Legal Profession. APPENDIX II The Hague Principles on Ethical Standards
for Counsel Appearing before International Courts and Tribunals. APPENDIX
III Union Internationale Des Avocats - Turin Principles of Professional
Conduct for the Legal Profession. APPENDIX IV IBA Guidelines on Party
Representation in International Arbitration. APPENDIX V New York Rules
of Professional Conduct. Table of Cases. Index.
To this end, the book is a very valuable contribution. It adds an important
chapter to the struggle of the arbitration community with guerrilla tactics by
offering a comprehensive analysis of these tactics and by outlining existing
and prospective measures that counsel, arbitrators and arbitral institutions
can take when faced with such behaviour. It provides urgently needed guidance
for arbitration practitioners by exploring best practices to prevent, to act
upon and to sanction the application of guerrilla tactics.
Finally, in addition to the importance of its substance, the book also
makes for a good read. With the graphic and sometimes shocking examples that
accompany the legal analysis, as well as the trenchant style of writing, the
book is far more than a further compendium to place on one's office shelf.
Asian Dispute Review, July 2014