Guerrilla Tactics in International Arbitration
By: Günther J. Horvath, Stephan Wilske
About This Book
To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested and‘stakeholdersand’. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at the Vienna Arbitration Days 2010, at which time they used the popular term guerilla and– denoting such tactics as ambushes, sabotage, and intimidation and– to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration. Their call bore fruit, and this collection of contributions by a wide spread of seasoned arbitration practitioners and– the driving forces in their field and– as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerrilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanismand’s envisioned mode of operation. They offer eminently practical, and‘hands-onand’ discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and and– most importantly and– the way forward. Among the specific topics are the following: dealing with state entities; sanctions available for arbitrators to curtail guerrilla tactics; influence of international institutions; and use of diplomatic channels. The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank. As an invaluable source of knowledge and guidance, particularly as an instrument available to practitioners faced with arbitration guerrillas in jurisdictions all over the world, this book will rapidly become an indispensable handbook for use in difficult factual situations where time and means of recourse are limited.
AI Overview
"Guerrilla Tactics in International Arbitration" is a book that explores the various unethical and borderline practices employed by parties in international arbitration proceedings. The book is authored by Günther J. Horvath and Stephan Wilske, and it delves into the strategies and tactics used by parties to exploit procedural rules, delay proceedings, and ultimately undermine the effectiveness of the arbitration process.
Key Themes
Definition and Scope:
- The term "arbitration guerrillas" was first coined by Michael Hwang, who described these parties as those who exploit procedural rules to delay or derail the arbitration process.
- Günther Horvath further defined guerrilla tactics as strategies that involve ethical violations, criminal acts, or sharp practices that are ethically borderline.
Forms of Guerrilla Tactics:
- Common Forms: These include tactics such as making constant objections to procedural orders, withholding evidence until the last minute, and engaging in other forms of procedural manipulation.
- Extreme Forms: These involve more aggressive strategies like releasing secret information about the deliberation process to the appointing party, ignoring communications, and arriving unprepared to hearings.
- Criminal Forms: These include outright unethical and illegal behaviors, such as bribery or tampering with evidence.
Role of Arbitrators:
- The book also highlights the role of biased arbitrators who may engage in guerrilla tactics to benefit the party that appointed them. This can include ignoring communications, refusing to cooperate with co-arbitrators, and making constant objections to procedural orders.
Ethical Considerations:
- The authors emphasize the importance of ethical conduct in international arbitration. They discuss how these guerrilla tactics can undermine the integrity of the arbitration process and highlight the need for robust measures to prevent such behaviors.
Plot Summary
The book does not have a traditional narrative structure but rather presents a comprehensive analysis of the various tactics and strategies employed by parties in international arbitration. It provides case studies and examples to illustrate these tactics and offers insights into how they can be identified and combated.
Critical Reception
Book Reviews: The book has received positive reviews for its insightful analysis of the complex issues in international arbitration. For instance, a review in the Asian Dispute Review praises the book for its detailed examination of guerrilla tactics and its practical advice on how to combat them.
Academic Reception: The book has been well-received in academic circles, with scholars appreciating its thorough examination of the ethical and procedural challenges in international arbitration. A recent article in the Asian Dispute Review highlights the book's relevance in understanding recent institutional developments in the field, such as the IBA Guidelines on Party Representation in International Arbitration (2013) and the LCIA Arbitration Rules (2014).
In summary, "Guerrilla Tactics in International Arbitration" by Günther J. Horvath and Stephan Wilske is a seminal work that provides a detailed exploration of the unethical practices in international arbitration. It offers a comprehensive understanding of the various forms of guerrilla tactics, their impact on the arbitration process, and practical strategies to combat them. The book has received positive reviews for its insightful analysis and practical advice, making it a valuable resource for practitioners and scholars in the field of international arbitration.