Introduction

The gloves seem to have come off in a number of international commercial and investment arbitrations. This at least explains the rising number of strategic challenges to arbitrators, reports of poor party behaviour and "horror stories" of misconduct all of which can only be termed as "guerrilla tactics" intended to affect the course of the proceedings and/or influence the award. How does one address this? There can be no doubt that certain "guerrilla tactics" can constitute grounds for setting aside or annulment of the award and that this possibility should certainly act as a ...