In this multipart article, the author examines the phenomenon of correct behaviour in arbitration and “guerrilla tactics,” and suggests possible solutions to the problems that the phenomenon produces. The author finds that the contractual nature of the arbitration agreement and the set of derived contracts allow the identification of contractual obligations for the participants, which impose obligations of conduct (and even duties for third parties) that are complemented or integrated, in the absence of express normative solutions, with the lex proceduralia that emerges from soft law instruments. The author adds that this is supported by the regulations of each country and even supported by international conventions, which recognize the procedural effectiveness of the arbitration agreement.
Dispute Resolution Journal