東華大學圖書館 |

Taming the guerrilla in international commercial arbitration = levelling the playing field /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Taming the guerrilla in international commercial arbitration/ by Navin G. Ahuja.
Reminder of title:	levelling the playing field /
Author:	Ahuja, Navin G.
Published:	Singapore :Springer Nature Singapore : : 2022.,
Description:	xvii, 323 p. :ill., digital ;24 cm.
[NT 15003449]:	A Bird's-Eye View -- The Nature of Guerilla Tactics in International Arbitration -- The Various Forms of Guerilla Tactics and Their Impact on the Arbitral Process -- Possible Factors that Might Enable Participants to Deploy Guerilla Tactics -- Mechanisms to Control Guerilla Tactics -- Recommendations -- Conclusion.
Contained By:	Springer Nature eBook
Subject:	Arbitration (International law) -
Online resource:	https://doi.org/10.1007/978-981-19-0075-4
ISBN:	9789811900754

Taming the guerrilla in international commercial arbitration = levelling the playing field /
Ahuja, Navin G.

Taming the guerrilla in international commercial arbitrationlevelling the playing field /[electronic resource] :by Navin G. Ahuja. - Singapore :Springer Nature Singapore :2022. - xvii, 323 p. :ill., digital ;24 cm. - International law and the global south, perspectives from the rest of the world,2510-1439. - International law and the global south, perspectives from the rest of the world..

A Bird's-Eye View -- The Nature of Guerilla Tactics in International Arbitration -- The Various Forms of Guerilla Tactics and Their Impact on the Arbitral Process -- Possible Factors that Might Enable Participants to Deploy Guerilla Tactics -- Mechanisms to Control Guerilla Tactics -- Recommendations -- Conclusion.

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 Kröll, 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.

ISBN: 9789811900754

Standard No.: 10.1007/978-981-19-0075-4doiSubjects--Topical Terms:

2005049
Arbitration (International law)

LC Class. No.: KZ6115

Dewey Class. No.: 341.522

Taming the guerrilla in international commercial arbitration = levelling the playing field /
LDR:06258nmm a2200337 a 4500 001 2300604
003 DE-He213
005 20220523225917.0
006 m d
007 cr nn 008maaau
008 230324s2022 si s 0 eng d
020 $a 9789811900754 $q (electronic bk.)
020 $a 9789811900747 $q (paper)
024 7 $a 10.1007/978-981-19-0075-4 $2 doi
035 $a 978-981-19-0075-4
040 $a GP $c GP
041 0 $a eng
050 4 $a KZ6115
072 7 $a LNAC5 $2 bicssc
072 7 $a LAW006000 $2 bisacsh
072 7 $a LNAC5 $2 thema
082 0 4 $a 341.522 $2 23
090 $a KZ6115 $b .A287 2022
100 1 $a Ahuja, Navin G. $3 3599266
245 1 0 $a Taming the guerrilla in international commercial arbitration $h [electronic resource] : $b levelling the playing field / $c by Navin G. Ahuja.
260 $a Singapore : $b Springer Nature Singapore : $b Imprint: Springer, $c 2022.
300 $a xvii, 323 p. : $b ill., digital ; $c 24 cm.
490 1 $a International law and the global south, perspectives from the rest of the world, $x 2510-1439
505 0 $a A Bird's-Eye View -- The Nature of Guerilla Tactics in International Arbitration -- The Various Forms of Guerilla Tactics and Their Impact on the Arbitral Process -- Possible Factors that Might Enable Participants to Deploy Guerilla Tactics -- Mechanisms to Control Guerilla Tactics -- Recommendations -- Conclusion.
520 $a 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 Kröll, 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.
650 0 $a Arbitration (International law) $3 2005049
650 1 4 $a Dispute Resolution, Mediation, Arbitration. $3 1566653
650 2 4 $a Public International Law. $3 1566061
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 3538685
710 2 $a SpringerLink (Online service) $3 836513
773 0 $t Springer Nature eBook
830 0 $a International law and the global south, perspectives from the rest of the world. $3 3264530
856 4 0 $u https://doi.org/10.1007/978-981-19-0075-4
950 $a Law and Criminology (SpringerNature-41177)