Procedural Tactics of a Guerrilla Nature & Suggestions for Counsel How to Counter & Employ (From the Perspective of Counsel Before Commercial Tribunals)
Article from: TDM 2 (2010), in Guerrilla Tactics in International Arbitration & Litigation
Introduction
Arbitration is a multiplayer game. Each of the players may apply Guerrilla Tactics. The game runs smoothly if none of them does. If one of them, however, fails to play by the rules, the whole game will not work as properly as it could. Thus, Guerrilla Tactics disturb. Also, since arbitration is a process that can be shaped by the parties, parties often expect it to fit their respective current needs just perfectly - no matter how their position changes from the time of the arbitration clause's negotiation to the point where the final award is rendered. Although international ...