Tackling Guerrilla Challenges Against Arbitrators: Institutional Perspective
Article from: TDM 2 (2010), in Guerrilla Tactics in International Arbitration & Litigation
The supervised nature of ICC arbitration puts the ICC International Court of Arbitration ("Court") and, in particular, its Secretariat ("Secretariat") in a privileged position to observe guerrilla operations by parties, and even occasionally by co-arbitrators, in the course of arbitrations conducted under the ICC Rules of Arbitration ("Rules"). The staff of the Secretariat is available to consult with arbitrators on how to detect and tame these tactics, drawing where necessary on the Court's long experience. Arbitral institutions can sometimes be the direct target of ...