Transporting the Guerilla in International Arbitration Back to the Wild?

Witnessing the apparent adoption of guerilla tactics in international arbitration is not rare and any attempt to smear the reputation of the arbitral process should be condemned. However, one party’s guerilla could very well be another party’s freedom fighter and what constitutes foul play will depend on the subjective perceptions of the relevant party to the arbitration and their different background. This paper considers the nature of guerilla tactics and examines the various observed but not openly discussed methods that might be deployed by party representatives and arbitrators as well as the impact of such means on the arbitral process. It further scrutinizes the possible reasons for the trigger and increase in the use of strategic misconduct and considers various approaches for arbitrators, arbitral institutions and the parties and their legal representatives to try to ensure that users exercise restraint.