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Photo of the title: Guerrilla Tactics in International Arbitration - 9041140026 - 9789041140029




Guerrilla Tactics in International Arbitration
Edited by: Günther J. Horvath, Stephan Wilske
October 2013,  ISBN 9041140026
ISBN 13: 9789041140029
464 pp. Hardcover
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Add to Shopping Cart: Guerrilla Tactics in International Arbitration - 9041140026 - 9789041140029

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

“The battle will go on. This book makes an invaluable contribution by specifically identifying the problems, making several preliminary suggestions for addressing them, and most of all by starting this discussion in a comprehensive and well-organized manner. We must defeat the guerillas if international arbitration is to survive, and this book provides the battle plan. To the trenches!”

Korean Arbitration Review, Issue 4, 2014

"The book successfully provides a categorization of guerrilla tactics, offers the perspectives of all those involved in the arbitration process, gives guidance on tools for arbitrators to consider and provides information about best practices in various jurisdictions that could potentially be of assistance in international arbitration in combating guerrilla tactics."

"Those involved in international arbitration as both arbitrators and counsel will find this book both instructive and useful in fulfilling their roles most effectively. Arbitrators will find usefuI tips on how to control guerrilla tactics while counsel will learn what conduct is considered by the international arbitration community to be unacceptable and how they can endeavor to curb such conduct by their adversaries."

New York Dispute Resolution Lawyer, FALL 2014 Vol. 7 No. 2

“The book displays an impressive collection of war stories, anecdotes and hard cases combined with practical suggestions to control and maintain the integrity of the arbitral process. It is an invaluable source for setting alarms and gives useful guidance to all arbitration practitioners confronted with guerrilla tactics irrespective of the role they may have in an arbitral process exposed to abusive or even criminal activities by a participant. The risk that the book itself may be abused as a source of inspiration for the unexperienced arbitration lawyer exists. However, this is by far outweighed by the benefits for the practitioner who is enabled to better recognize guerrilla tactics and devise effective measures to counter them.

The Editors must be congratulated to this extraordinary work which should find its place into the library of every practitioner active in the area of international arbitration.”

Newsletter of Kuala Lumpur Regional Centre for Arbitration Issue 15, July-September 2014

“The book is an indispensable source of information for practitioners, counsels and arbitrators alike, wishing to obtain guidance for dealing with guerrilla tactics. But it will be also useful to scholars and practitioners who wish to study the legal and institutional framework pertaining to unethical and illegal behavior in national litigation proceedings as well as in international courts and arbitral tribunals. Last but not least, it may be a useful antidote to bring down to earth those who have read the book of Y. Dezalay and G. B. Garth and aspire to enjoy the “first-class life style” of international arbitrators.”

Journal of International Arbitration, Volume 31, Issue 6 (2014)





This book is a volume in a book series:
» International Arbitration Law Library Series Set


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