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Taming the Guerrilla in International Commercial Arbitration - Levelling the Playing Field (Hardcover, 1st ed. 2022)
Loot Price: R3,844
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Taming the Guerrilla in International Commercial Arbitration - Levelling the Playing Field (Hardcover, 1st ed. 2022)
Series: International Law and the Global South
Expected to ship within 10 - 15 working days
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The book explores the definition and nature of guerrilla tactics in
international commercial arbitration. It analyses various such
tactics deployed (pre-Covid and during Covid times) and portrays
them in a way that enables one to visualise how, and possibly why,
they might be deployed. Attempts to codify ethical standards and
rules regulating the behaviour of legal representatives in
international arbitration are examined. The book covers a range of
culture clashes, addresses several elephants in the room, and looks
at factors inherent in the arbitral process that create
opportunities and increase temptations to misbehave. It considers
the remedies and sanctions available in international arbitration
and compares them to those available to the courts in civil
litigation. In addition to recommendations for future research, the
book offers solutions to curb the problem in line with party
autonomy and with a critical analysis. "This manuscript is an
essential solutions-based text that not only addresses a
comprehensive range of modern-day guerrilla tactics in
international commercial arbitration but also offers thoughtful
methods to deal with the shenanigans that parties may bring to the
arbitral process." - Chiann Bao, Independent Arbitrator,
Arbitration Chambers and Vice President of the International
Chamber of Commerce, Court of Arbitration "Dr. Ahuja's book is a
thoughtful and highly practical contribution to the study of
procedures in international commercial arbitration. It is replete
with scholarly analysis, careful treatment of authority, pragmatic
insights and policy discussions. Any practitioner or student of
international arbitration would benefit from this volume." - Gary
Born, Author, International Commercial Arbitration (3d ed. 2021) "A
highly readable and informative book which identifies and analyses
the numerous guerrilla tactics parties may attempt to deploy in
international commercial arbitration, the factors which may
encourage such behaviour, and practical mechanisms to keep the
proceedings on track. Both erudite and practical, this book is a
must-read for parties, counsel and arbitrators alike." - Prof.
Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers
"Guerrilla tactics are a pertinent problem in arbitration. Dr.
Ahuja's well written book not only describes the various tactics in
a succinct way but provides extremely useful guidance on how to
tackle them. It will be a primary source of reference for every
practitioner faced with such tactics." - Prof. Dr. Stefan Kroell,
Chairman of the Board of Directors of the German Arbitration
Institute (DIS) "Taming the Guerrilla in International Commercial
Arbitration offers a refreshingly candid and balanced discussion of
'sharp practices' in international arbitration. The book collects a
wealth of information on guerrilla tactics previously only
available in separate survey reports, articles, and guidelines on
the topic. It additionally includes a chapter addressing tactics
deployed in virtual or remote arbitrations due to the Covid-19
pandemic. The comprehensive research and analysis presented in this
book make it a valuable resource to counsel, parties, arbitrators,
academics, and those who deliver practical arbitration training. A
must-read for those who want to better understand the practices
that may lead some to disfavor arbitration and ways the arbitration
community can respond to guerrilla tactics to improve the
arbitration process for all participants." - Dana MacGrath,
Independent Arbitrator, MacGrath Arbitration "From an unreasoned
fiat of a wise man who left both sides equally unhappy but resolved
the disputes effectively, arbitration has evolved into a full-scale
trial before a party chosen tribunal. Its informality and
expedition puts in peril the fundamental right of the recalcitrant
to delay proceedings. Dr. Ahuja has assiduously articulated the
measures, aptly christened Guerrilla Tactics, used to disrupt and
derail arbitrations. An indispensable read for the practitioner and
an insightful treatise for the policy maker." - Harish Salve SA QC,
Blackstone Chambers "This book shines a spotlight on arbitration's
dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy
world with excellent (and much needed) scholarship that is
practice-based and useful for all stakeholders in arbitration. His
examination of the root causes of this problem, recommendations on
how to control it, comparisons with litigation practice and
suggestions for future research marvellously combine to make this a
work that is required to be consulted by all serious counsel,
arbitrators, institutions and academics in the field of
arbitration." - Romesh Weeramantry, Head, International Dispute
Resolution, Centre for International Law, National University of
Singapore
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