First Paragraph
The requirement of “zealous advocacy” in adversarial adjudication proceedings has recently come under attack. While scholars acknowledge that power shifting tactics have always existed in dispute resolution, recent practice seems to require a new vocabulary to describe aggressive representation. Recognizing the need to reframe the discussion, scholars and practitioners apply the term “guerrilla tactics” to define litigation misconduct that threatens to undermine the legitimacy of arbitration procedures. The term refers to adjudication tactics that range from using dilatory tactics to criminal acts of violence, which are being used with increasing frequency to frustrate the arbitral process.
Recommended Citation
Sarah Whittington, Timor-Leste v. Australia: "Guerrilla Tactics" and Schoolyard Bullies in State Arbitration, 6 Arb. L. Rev. 429 (2014).