Understanding Guerrilla Tactics in International Arbitration

1970 ◽  
Vol 3 (2) ◽  
pp. 69-84
Author(s):  
Oberoi Preet Singh
Keyword(s):  
Dispute Resolution ◽  
Code Of Conduct ◽  
Level Playing Field ◽  
International Arbitration ◽  
Playing Field ◽  
Bar Association

This paper delves into some of the major inconveniences caused to the parties engaging in arbitration and seeks to analyze the causes of guerrilla tactics in particular, in order to devise the necessary framework required to control it. Arbitration for dispute resolution has become prominent in the recent times. However, a number of leading arbitrators and practitioners have described the continuing lack of ethical regulation as a potential crisis that threatens the legitimacy of international arbitration. This paper looks at how arbitration can be developed as a means of dispute resolution by providing a level playing field to its parties, thereby restoring its lost credibility. The paper also highlights the need to have an internationally approved code of conduct like the recent International Bar Association (IBA) guidelines, to curb guerrilla tactics in international arbitration.

scholarly journals Mandatory Private Treaty Application? On the Alleged Duty of Arbitrators to Apply International Conventions

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
Dispute Settlement ◽  
Level Playing Field ◽  
International Arbitration ◽  
Commercial Law ◽  
Playing Field ◽  
Peaceful Settlement ◽  
International Dispute ◽  
Settlement Of Disputes ◽  
International Conventions ◽  
Legal Barriers

International arbitration, an institution that Pierre Karrer has shaped and influencedthrough his practical work as a leading international arbitrator as well as through hisscholarly writings, aims at the peaceful settlement of disputes by practical, foreseeableand reasonably fast decisions, thereby eventually serving the development of internationaltrade. The creation of uniform commercial law by way of internationalconventions is driven by a very similar aim, namely the removal of legal barriers in andthe promotion of the development of international trade through the adoption ofuniform rules governing international contracts. International arbitration and uniformlaw conventions generally act in a complementary manner by following reasonablyconsistent policy norms, one as a means of international dispute settlement, the other by creating an international ‘level playing field’ in the law governing the merit ofdisputes.

Humans as a Service

2018 ◽  
Author(s):  
Jeremias Prassl
Keyword(s):  
Business Models ◽  
Disruptive Innovation ◽  
Level Playing Field ◽  
Employment Relationships ◽  
Playing Field ◽  
On Demand ◽  
Gig Economy ◽  
Wide Range ◽  
Digital Work ◽  
Stable Employment

The rise of the gig economy is disrupting business models across the globe. Platforms’ digital work intermediation has had a profound impact on traditional conceptions of the employment relationship. The completion of ‘tasks’, ‘gigs’, or ‘rides’ in the (digital) crowd fundamentally challenges our understanding of work in modern labour markets: gone are the stable employment relationships between firms and workers, replaced by a world in which everybody can be ‘their own boss’ and enjoy the rewards—and face the risks—of independent businesses. Is this the future of work? What are the benefits and challenges of crowdsourced work? How can we protect consumers and workers without stifling innovation? Humans as a Service provides a detailed account of the growth and operation of gig-economy platforms, and develops a blueprint for solutions to the problems facing on-demand workers, platforms, and their customers. Following a brief introduction to the growth and operation of on-demand platforms across the world, the book scrutinizes competing narratives about ‘gig’ work. Drawing on a wide range of case studies, it explores how claims of ‘disruptive innovation’ and ‘micro-entrepreneurship’ often obscure the realities of precarious work under strict algorithmic surveillance, and the return to a business model that has existed for centuries. Humans as a Service shows how employment law can address many of these problems: gigs, tasks, and rides are work—and should be regulated as such. A concluding chapter demonstrates the broader benefits of a level playing field for consumers, taxpayers, and innovative entrepreneurs.

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