Guerrilla Tactics in International Arbitration

Tactici de gherilă în arbitrajul international

Mihnea-Filip JERE, LL.M.

ABSTRACT

Guerrilla tactics are not a novel phenomenon in the world of international arbitration, but they have become a growing issue in the past years. This article seeks to provide an introductory perspective into the problem, noting the elements that distinguish guerrilla tactics from simple rough riding or extreme tactics, how a guerrilla tactic can be identified and possible solutions available to all participants who witness such misconduct.

Furthermore, this article looks at the possible factors that influenced the appearance of such tactics, raises (again) the question regarding the limit of the arbitral tribunal's powers when combating such tactics (addressing both the possibility of disqualifying counsel first seen in ICSID case-law and another perspective regarding the allocation of costs), proposing new solutions for certain types of misconduct. Where deemed...