Boycotts and Walkouts in International Arbitration
Article from: TDM 1 (2018), in Guerrilla Tactics in International Arbitration & Litigation
Introduction
In this paper three forms of what could be described as "boycotting" conduct are examined; first, efforts to stop a tribunal being formed; second, the problem of the arbitrator who, out of misguided loyalty to the party that appointed him/her, resigns at a late stage in the case, and, also the "walkout" by a party. This contribution argues that most modern arbitration rules are intended to foreclose (or, at the very least, deter) the best-known forms of noncooperation. Nevertheless, the process is never complete, because human ingenuity has a way of coming up with new ones.