Guerrilla tactics in international arbitration
Guerrilla tactics in international arbitration

Summary/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 appropriate, this article also has references to the procedural rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania in force as of 1 January 2018 (“CICA”/ “CICA Rules”). Finally, an important part of this study is reserved for the need for ethical uniformity and regulations, also an increasingly important aspect of the international arbitration. While at first glance ethics might not seem to be a major factor, their uncertainty in an international context is perhaps the key element that influences misconduct.

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