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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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


ISBN13: 9789462361003
Published: June 2014
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Hardback
Price: £69.00



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Arbitration is a time- and cost efficient way to resolve a dispute. These advantages seem to vanish when one party is wilfully obstructive and refuses to abide by the arbitral outcome.

This present work analyzes the means of the arbitral tribunal to neutralize obstructive behavior of a party that goes beyond admissible tactical behaviour. The author first deals with the question of the circumstances in which tolerable tactical behavior turns into behavior that deserves to be sanctioned and introduces 'obstructionist behavior' as a new generic term.

Subsequently, he deals with the means available to the arbitral tribunal against obstructionist behavior. The work relies to a significant extent on unpublished ICC arbitral awards.

Subjects:
Arbitration and Dispute Resolution
Contents:
Part I: Introduction
Part II: Obstructionist Behavior
Part III: The Legal Basis of the Obstructionist Behavior Test
Part IV: Application of the Obstructionist Behavior Test: Possible Forms of Obstructionist Behavior
Part V: Measures Available to the Arbitral Tribunal
Part VI:Application of the Available Measures to the General Effects of Obstructionist Behavior
Part VII: Concluding Remarks