Obstructionist Behavior in International Commercial Arbitration

Legal Analysis and Measures Available to the Arbitral Tribunal

By Alain Hosang

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 To a significant extent, the book relies on unpublished arbitral awards of the International Chamber of Commerce.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]

328 pages

Publication Date: 5/19/2014
Format: Cloth
ISBN: 9789462361003

Available in other formats