04327nam 2200625 450 991046515130332120200520144314.094-6094-895-2(CKB)3710000000121908(EBL)1922206(SSID)ssj0001340373(PQKBManifestationID)11737206(PQKBTitleCode)TC0001340373(PQKBWorkID)11382172(PQKB)11266480(MiAaPQ)EBC1922206(Au-PeEL)EBL1922206(CaPaEBR)ebr10878521(CaONFJC)MIL663185(OCoLC)882252489(EXLCZ)99371000000012190820140618h20142014 uy 0engur|n|---|||||txtccrObstructionist behavior in international commercial arbitration legal analysis and measures available to the arbitral tribunal /Alain HosangHague, Netherlands :Eleven International Publishing,2014.©20141 online resource (319 p.)International commerce and arbitration ;Volume 16Includes index.1-322-31903-0 94-6236-100-2 COVER; TABLE OF CONTENTS; ACKNOWLEDGEMENTS; INDEX OF ABBREVIATIONS; INDEX OF CITED AUTHORITIES; INDEX OF CASES AND ARBITRAL AWARDS; INDEX OF STATUTES AND LEGAL MATERIALS; CHAPTER 1: INTRODUCTION; 1.1 SUBJECT MATTER; 1.2 TERMINOLOGY: WHY 'OBSTRUCTIONIST' BEHAVIOR?; 1.3 JURISDICTIONS AND ARBITRATION RULES COVERED; 1.4 STRUCTURE OF THE WORK; CHAPTER 2: OBSTRUCTIONIST BEHAVIOR; 2.1 OBSTRUCTIONIST BEHAVIOR AS A RESULT OF DISPARITY OF INTEREST BETWEEN THE PARTIES; 2.2 THE OBSTRUCTIONIST BEHAVIOR TEST: DEFINITION OF OBSTRUCTIONIST BEHAVIOR; 2.3 RESULTSCHAPTER 3: THE LEGAL BASIS OF THE OBSTRUCTIONIST BEHAVIOR TEST3.1 MUTUAL OBLIGATIONS OF THE PARTIES; 3.2 VALID REASONS FOR THE BEHAVIOR OF A PARTY-OVERVIEW; 3.3 RESULTS; CHAPTER 4: APPLICATION OF THE OBSTRUCTIONIST BEHAVIOR TEST: POSSIBLE FORMS OF OBSTRUCTIONIST BEHAVIOR; 4.1 ACTIVE AND PASSIVE OBSTRUCTIONIST BEHAVIOR; 4.2 THE DIFFERENT STAGES OF THE PROCEEDINGS RELEVANT FOR OBSTRUCTIONIST BEHAVIOR; 4.3 OBSTRUCTIONIST BEHAVIOR INDEPENDENT OF THE STAGES OF THE PROCEEDINGS; 4.4 PASSIVE AND ACTIVE OBSTRUCTIONIST AT THE RELEVANT STAGES OF THE PROCEEDINGS; 4.5 EFFECTS OF OBSTRUCTIONIST BEHAVIOR4.6 GENERAL RESULTSCHAPTER 5: MEASURES AVAILABLE TO THE ARBITRAL TRIBUNAL; 5.1 INTRODUCTION; 5.2 POSSIBLE FORMS OF ACTION OF THE ARBITRAL TRIBUNAL THROUGHOUT THE PROCEEDINGS; 5.3 SELF-EXECUTING MEASURES; 5.4 NON-SELF-EXECUTING MEASURES; 5.5 RESULTS; CHAPTER 6: APPLICATION OF THE AVAILABLE MEASURES TO THE GENERAL EFFECTS OF OBSTRUCTIONIST BEHAVIOR; 6.1 MERE DELAY OF THE PROCEEDINGS; 6.2 COSTS CAUSED DURING THE ARBITRATION; 6.3 INABILITY TO RENDER AN AWARD; 6.4 ENFORCEMENT OF THE AWARD IS ENDANGERED; 6.5 NEGATIVE IMPACT ON THE EVIDENTIARY SITUATION OF THE OPPOSING PARTY6.6 NEGATIVE IMPACT ON THE FINANCIAL SITUATION OF THE OPPOSING PARTY6.7 BREACH OF CONFIDENTIALITY; CHAPTER 7: CONCLUDING REMARKSArbitration 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 aInternational commerce and arbitration ;Volume 16.Arbitration and awardArbitration (Administrative law)Electronic books.Arbitration and award.Arbitration (Administrative law)347.09Hosang Alain973718MiAaPQMiAaPQMiAaPQBOOK9910465151303321Obstructionist behavior in international commercial arbitration2215914UNINA