Obstructionist Behavior In International Commercial Arbitration: Legal Analysis And Measures Available To The Arbitral Tribunal (international Commerce And Arbitration)

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 To a significant extent, the book relies on unpublished arbitral awards of the International Chamber of Commerce.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) Obstructionist Behavior -- The Legal Basis Of The Obstructionist Behavior Test -- Application Of The Obstructionist Behavior Test : Possible Forms Of Obstructionist Behavior -- Measures Available To The Arbitral Tribunal -- Application Of The Available Measures To The General Effects Of Obstructionist Behavior. Alain Hosang. Includes Bibliographical References (pages Xvii-xlix). 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.