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

Arbitration / Mediation / Litigation

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

By Navin G. Ahuja
Springer-Verlag May 2023

Specifications

ISBN-13
9789811900778
Publisher
Springer-Verlag
Publication
May 2023
Format
Paperback
Jurisdiction
Singapore ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of 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
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