How May Investment Tribunals Cope With and Sanction Guerrilla Tactics of the Parties/their Counsel?
Article from: TDM 2 (2010), in Guerrilla Tactics in International Arbitration & Litigation
As I started tackling the subject of this intervention, I wondered whether it is justified to single out abusive conduct of parties and their counsel, and possibly even arbitrators, in investment arbitration or whether the "guerrilla tactics" that may be employed in this particular type of arbitration are in reality different from those used in international arbitration in general. If there are indeed differences, where do they originate from? And do any such differences result in different solutions being adopted by treaty tribunals in addressing and seeking to resolve ...