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Obstructionist Behavior in International Commercial Arbitration
legal analysis and measures available to the arbitral tribunal
2013 || Hardcover || Alain Hosang || Eleven international publishing
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 arbit...