§ 5. Discussions

The second example was when I was in court, and this was an opposition witness. So,…

Participant 3 - What would you recommend on the psychology of guerrilla tactics…

Dr. İsmail G. Esin – I do not have too much sympathy for guerrilla tactics…

Participant 4 – Who loves guerrilla tactics?…

Dr. İsmail G. Esin - I have seen people who loved. I have seen couple of them.…

Prof. Dr. Ziya Akıncı - In practice, guerrilla tactics, time to time, we come across and it is the reality of the life especially sometimes if you are defendant, if you are in a very difficult jurisdiction. And if you know if you have some guerrilla tactics, you may delay arbitration or you may even create some grounds to set aside the award. Yes, the guerrilla tactics may come across. It is mostly just to delay the arbitration proceeding. Unnecessary application, unnecessary extension of time, sometimes changing the counsel, sometimes just to create conflict of interest. I mean, we all familiar with all kinds of guerrilla tactics. The issue is how to handle with guerrilla tactics. While there are very strong tribunal especially chairman who does not like guerrilla tactics at all, and the arbitrators are not stupid. They are very experienced and clever people. They understand what the counsel is trying to do. So, the arbitrator or the Tribunal may react to it

Dr. Anna Kozmenko - Oh, that is the lawyer’s job. I think at the end of the day, I think the client should attend to throw us everything they have all the information. It is important also to manage the clients’ expectations and to manage the arbitrators’ expectations where you find this balance. So, you use as much information as possible from what your client gives you. But of course, you know, you filter it, then you explain to

Dr. İsmail G. Esin - I want to make sure that I understood the question. So, what is my recommendation to Turkish arbitration practitioners? If the language of arbitration is English? First of all, they have to prepare submissions properly, understandable submissions. In a recent case, we have read the following word “hostility.” “The case was dismissed because of hostility.” Oh my god! “Hostility” By using hostility, in Turkish they wanted to say: “Husumetten reddediliyor”.…

Tatiana Menshenina - Well, I came across legal opinions. It is not like legal opinions. It is actually expert evidence on foreign law. I did not come across some legal opinions in English law if the dispute is governed by the English law. It is submissions. It’s not legal opinion in a way, but for example, we had a dispute aware there was Italian law involved because there was particular restructuring made under the Italian law which turned to the case upside down, basically. So, the arbitrators needed the Italian law opinion. The contract itself there was governed by Ukrainian law. So, we as expert as tribunal should have been dealing with and actually adjudicating of the Ukrainian law, which was not familiar to us. And also, there was an element of Kazakh. So, there were 4 legal systems involved. English Kazakh, Italian and Ukrainian and there were legal opinions on each of them. Without them, we would not be able to adjudicate. So, they are very important. And although in each situation, there was two

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