Introduction

In preparation for today's talk I thought it would be interesting to conduct a survey and see whether the use of guerrilla tactics in international arbitration is really a problem of sufficient frequency and moment to warrant the attention it is now getting with the promulgation of proposed ethical codes and institutional rule changes. I asked the following two questions: As counsel in an arbitration or as an arbitrator, did you ever feel like one or both parties engaged in what you would call guerrilla tactics, whether technically unethical or not. (Yes or ...