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International Arbitration: Law and Practice

International Arbitration: Law and Practice

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041145628
  • Published In: December 2012
  • Format: Paperback , 512 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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“International Arbitration: Law and Practice” provides a concise overview of the legal principles and practice of international arbitration. The book offers an accessible, straightforward introduction to the legal framework for international commercial arbitration, including discussions of international arbitration agreements, international arbitral procedures and international arbitral awards. It also provides an introduction to international investment arbitration, including a discussion of the ICSID Convention and issues arising under bilateral investment treaties, and state-to-state arbitration.

 

“International Arbitration: Law and Practice” also provides descriptions of the contemporary practice and tactics of international arbitration. Among other things, it addresses the drafting of arbitration clauses, selection and challenge of arbitrators, structure of arbitral proceedings, process of disclosure or discovery, witness preparation and testimony, conduct of evidentiary hearings and other key procedural steps in international arbitrations.

 

The book contains an Introduction and three principal Parts:

Part I: International Arbitration Agreements, including the separability presumption, choice of law issues, competence-competence doctrine, recognition and enforcement of arbitration agreements, formation and validity, formal validity and writing requirements, interpretative issues, non-signatory doctrines and multi-party/multi-contract issues.

 

Part II: International Arbitral Proceedings, including importance and choice of arbitral seat, selection and challenge of arbitrators, parties’ procedural autonomy, arbitrators’ procedural discretion, conduct of arbitral proceedings, disclosure and discovery, provisional measures, choice of substantive law, confidentiality, consolidation and intervention.

 

Part III: International Arbitral Awards, including form and content of awards, relief, costs, forums for annulment of awards, grounds for annulment or set-aside of awards, recognition and enforcement of awards, preclusion and precedent, and recognition of annulled awards.

Gary Born is universally regarded as one of the world's preeminent authorities on international commercial arbitration and international litigation. He heads the WilmerHale's ;international arbitration practice and has been ranked for the past decade as one of the world's leading arbitration practitioners. 

Practice 
Mr. Born has participated in more than 500 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Mr. Born is uniformly ranked by Euromoney, Chambers, Legal 500 and Global Counsel as one of the leading practitioners in the field. In 2006, he was chosen by his peers as the"World's Best International Litigator" and recognized by Chambers UK as the most highly-regarded practitioner in international arbitration for the United Kingdom. He is described by competitors and clients in Chambers and other publications as "awesome," "inimitable," "stellar," "extremely talented" and a "powerful advocate." Mr. Born is also the author of leading publications on international commercial arbitration, including International Commercial Arbitration (2d ed. 2001). 

Mr. Born heads WilmerHale's 70-person international arbitration group, which is based in London and integrated with related practices in our New York, Washington, Berlin and Brussels offices. Mr. Born has represented European, US, Asian and other companies in arbitrations under all leading institutional rules (ICC, LCIA, AAA, Vienna, Stockholm, ICSID) and in ad hoc arbitrations in all leading international situses (London, Paris, Geneva/Zurich, Vienna, Stockholm, New York, Washington, Singapore). He has particular experience in joint venture, investor-state, M&A, investment banking and other financial services, project finance, intellectual property and insurance disputes. 

Mr. Born also advises on the litigation of international disputes in US courts. He has particular experience in the fields of jurisdiction, enforcement of judgments, conflict of laws and international judicial cooperation, and also serves as an expert witness on aspects of US private international law in foreign proceedings. He is the author of International Litigation in United States Courts (Aspen/Kluwer 4th ed.), the leading commentary in the field. Mr. Born was recently selected by clients and peers as the "World's Best International Litigator" in a survey by Legal Media Group. 

Mr. Born also sits as arbitrator (presiding arbitrator, sole arbitrator and co-arbitrator). He has served as arbitrator in more than 60 institutional and ad hoc arbitrations. 

Recent Highlights 
During the past year, Mr. Born led teams which obtained favorable awards in several major international arbitrations, including an ICC arbitration sited in Paris, France, two arbitrations under the Vienna International Arbitral Centre's Rules, and several LCIA arbitrations sited in London. Mr. Born has successfully represented a major European telecommunications company in several of the largest arbitrations in ICC history. (See American Lawyer "major arbitration player in Europe" (May 2001)). He also recently successfully represented a major US energy company in an LCIA arbitration over off-shore oil rights sited in London, a European conglomerate in a fast-track arbitration in Zurich, a major industrial group in an ad hoc insurance arbitration sited in London, a leading European oil company in an ICC arbitration sited in London, a private equity firm in an ICC arbitration sited in Geneva, a US insurance company in an M&A arbitration in Paris, and a major multinational capital equipment manufacturer in institutional and other arbitrations in multiple European fora arising from power plant projects. 

Mr. Born also has represented states and corporate parties in disputes involving public international law disputes. He represented Eritrea in an ad hoc arbitration against Yemen, private parties in controversies under various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law. 

Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations and representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States. 

Professional Activities 
Mr. Born is the author of several leading treatises and casebooks on international arbitration and litigation, includingInternational Commercial Arbitration: Commentary and Materials (2d ed. 2001), International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing (2d ed. 2006), and International Civil Litigation in United States Courts (4th ed. 2007). The first chapter of International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing is available through the WilmerHale website. He also has published and spoken widely on issues of international arbitration and litigation. 

Mr. Born has taught law at Georgetown University Law Center, University of Virginia College of Law, University College London and the University of Arizona College of Law. He is a member of the American Law Institute and also has served on the Executive Council of the American Society of International Law, and as co-chair of the ABA International Section, Committee on International Aspects of Litigation. 

Honors and Awards 

  • Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK LegalProfession (2006/07) and listed as one of three leading arbitration practitioners in Europe (2000-present)
  • Selected for Legal Media Group's The Best of the Best as "World's Best International Litigator" (2006)
  • Recognized as a UK leader in international arbitration in the inaugural edition of Chambers Europe (2007)
  • Listed in Chambers Global: The World's Leading Lawyers as one of top three practitioners in London (2006 and 2007
  • Named one of the world's "top 20 arbitration specialists" in PLC Cross-border Quarterly; highlighted as "one of the world's leading arbitrators (2006) ;
  • Recognized by Global Arbitration Review as "Super-arbitrator" and "a model of how it's done" (2006)
  • Recognized in the 2006 edition of The Legal 500 UK as an outstanding arbitrator who "leads an impressive arbitration force" of "highly sophisticated and powerful advocates" and who "deserves his stellar reputation."
  • Listed in Euromoney's The Best of the Best: The World's Top Twenty Experts in Commercial Arbitration as one of leading European practitioners (2003, 2004, 2005, 2006)
  • Ranked by Global Counsel as one of the "World's Top Ten International Arbitration" lawyers (2003)
  • Listed in Euromoney's Guide to the World's Leading Litigation Lawyers (2003 to present)

Reviews of Gary Born’s International Commercial Arbitration: “an unparalleled book on the law, practice and theory of international commercial arbitration … indispensable for both practitioners and academics.”Professor Jack L. Goldsmith III, Harvard Law School

“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.” Professor Harold Hongju Koh, Yale Law School

 

“[a] monumental work of legal scholarship” Professor Campbell McLachlan, Victoria University of Wellington

 

“an extraordinary combination of both practical experience and academic analysis” Professor Dr. Daniel Girsberger, University of Lucerne “unsurpassed in the breadth and depth of its exposition and in the acuity of its analysis. … A great achievement.” Judge Stephen M. Schwebel, Former President, International Court of Justice “A tour de force by one of the giants of international arbitration, which must have a place in every lawyer’s library.” L.Yves Fortier CC QC “This is an incredible work.” Alexis Mourre, Castaldi Mourre & Partners “A magisterial exposition of international arbitration, which is breathtaking in its scope and comprehensiveness.” Michael Hwang S.C., Arbitrator, Singapore/Essex Court Chambers “A remarkable achievement, combining rigorous academic analysis with insights borne from a high level practical experience.” Professor Dr. Albert Jan van den Berg, Erasmus University, Rotterdam “a masterwork on International Commercial Arbitration … an indispensable aid to those involved in the practice and study of international commercial arbitration.” American Society of International Law Certificate of Merit (2010)“An undisputed classic [and a] must for counsel, arbitrators, scholars and students.” Horacio A. Grigera Naón, former Secretary General, ICC International Court of Arbitration

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