Introduction

The lack of seat-based applicable procedural laws against which the parties' conduct can be judged, makes the task of defining "Guerrilla Tactics" in the context of international investment arbitration more complicated than in the context of international commercial arbitration. Unless a "hard" set of rules - or at least guiding principles can be identified, the boundaries of any definition of what is acceptable conduct and what is not; will ultimately depend on the subjective notions of individual lawyers. That there is no single set of "hard" ethical rules that applies ...