Obstructionist behavior in international commercial arbitration

Alain Hosang

Obstructionist behavior in international commercial arbitration

Alain Hosang

  • Beschikbaarheid: Levertijd 1-2 werkdagen
  • Op werkdagen voor 23:00 besteld, morgen in huis!
  • Aanrader van de boekspecialist
  • €8,20 geschatte verzendkosten

€134,00

Arbitration is still a time- and cost-efficient, professional way of resolving cross-border disputes. However, its advantages seem to vanish if one party is obstructive and tries to delay or even sabotage the proceedings. For example, a party may initiate state court proceedings in violation of the arbitration agreement, refuse to pay the advance on costs or fail to follow a document production order of the arbitral tribunal. This work first deals with the obligations that arise from an arbitration agreement. Subsequently, the author introduces 'obstructionist behavior' as a generic term and identifies situations in which, according to case law, mere tactical behavior turns into obstructionist behavior. Finally, the author extensively discusses measures against obstructionist behavior such as adverse inferences, interim measures and astreintes. The author examines the jurisdictions of Switzerland, England, the US and France as well as the established arbitration rules. As this work relies to a substantial extent on unpublished ICC arbitral awards, the author provides a valuable insight in arbitral tribunals' dealings with obstructionist parties.

ISBN 9789462361003
Author Alain Hosang
Publisher Boom Uitgevers Denhaag
Publication date 13-11-2013
Country Netherlands
Language English