Powers of Arbitrators to Sanction Legal Representatives Employing Guerrilla Tactics in International Commercial Arbitration

Puterea arbitrilor de a sancţiona reprezentanţii legali care utilizează tactici de gherilă în arbitrajul comercial internaţional

Jesus Salvador Buchhalter ESCOBEDO, LL.M.

ABSTRACT

This paper explores the extent to which arbitrators are empowered to sanction legal representatives who engage in guerrilla tactics within international commercial arbitration, with a comparative focus on England, Guatemala, and the United States. Guerrilla tactics, understood as deliberate procedural abuses designed to obstruct or delay arbitral proceedings have become a growing concern for practitioners, arbitral institutions, and international organisations due to their detrimental effect on due process and procedural integrity. Although each jurisdiction recognises some degree of arbitral authority, whether implied or inherent, none provides a clear statutory foundation for arbitrators...