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Obstructionist Behavior in International Commercial Arbitration: Legal Analysis and Measures Available to the Arbitral Tribunal (International Commerce and Arbitration)

Author Alain Hosang
Publisher Eleven International Publishing
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Book Details
Author(s)Alain Hosang
ISBN / ASIN9462361002
ISBN-139789462361003
AvailabilityUsually ships in 24 hours
Sales Rank12,938,632
MarketplaceUnited States 🇺🇸

Description

Arbitration is a time- and cost-efficient way to resolve a dispute. However, these advantages seem to vanish when one party is willfully obstructive and refuses to abide by the arbitral outcome. This book analyzes the means of the arbitral tribunal to neutralize obstructive behavior of a party that goes beyond admissible tactical behavior. The book first deals with the circumstances in which tolerable tactical behavior turns into behavior that deserves to be sanctioned, and it introduces 'obstructionist behavior' as a new generic term. Subsequently, it deals with the options available to the arbitral tribunal against obstructionist behavior. To a significant extent, the book relies on unpublished arbitral awards of the International Chamber of Commerce. (Series: International Commerce and Arbitration [ICA] - Vol. 16) [Subject: International Law, Commercial Law, Arbitration, Mediation]