International Arbitration: Cases and Materials, 2nd Edition

Author: Gary B. Born
Publisher: Kluwer Law International
ISBN: 9789041160218

Previous Edition ISBN: 9789041134585
Published In: February 2015
Format: Paperback , 1319 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781454839200

Description
Contents
Author

Details

The new edition of this practical and authoritative casebook is based on the highly acclaimed International Commercial Arbitration: Commentary and Materials. It will provide you with a fully international approach to the constitutional structure, law, practice and policy of international arbitration.

The author, the distinguished and worldrenowned arbitrator Gary Born, examines all forms of international arbitration, including international commercial disputes and investor-state and inter-state (or state-to-state) disputes. He focuses in particular on the New York Convention, the UNCITRAL Model Law and leading institutional arbitration rules (including the UNCITRAL Arbitration Rules). He considers the leading international arbitration conventions, and examines contemporary national arbitration legislation from an international perspective.

The casebook begins with a general introduction and then divides into three main sections: international arbitration agreements, arbitral proceedings, and arbitral awards. Each section focuses on international standards and practices, rather than on a single national legal system.

How will International Arbitration: Cases and Materials help you?

Provides you with an easy-to-use and accessible structure, organized chronologically to follow the course of an international arbitration (arbitration agreements, arbitral proceedings, arbitral awards)
Includes judicial decisions and statutory materials from all leading jurisdictions (including Europe, Asia, United States and Canada) – helping you see the full picture
Includes arbitral awards under all leading rules
Supplies a thorough treatment of international arbitration in the United States, under the FAA
Enables you to compare materials on investment arbitration and state-tostate arbitration with commercial materials You’ll find comprehensive coverage on the following topics:
International arbitration agreements: includes the legal framework applicable to such agreements, the presumptive separability or autonomy of international arbitration agreements, the law governing international arbitration agreements, the competence-competence doctrine, the substantive and formal rules of validity relating to such agreements, the interpretation of arbitration agreements, and the issues related to identifying the parties to international arbitration agreements.
International arbitration proceedings: deals with the legal framework applicable to such proceedings, the selection of the arbitral seat, the selection and challenge of arbitrators, the conduct of the arbitration and arbitral procedures, disclosure or discovery, confidentiality, provisional measures, consolidation and joinder, the selection of substantive law, and legal representation and ethics.
International arbitral awards: examines the legal framework for international arbitral awards, the form and contents of such awards, the correction and interpretation of arbitral awards, actions to annul or vacate arbitral awards, and the recognition and enforcement of international arbitral awards.

International Arbitration: Cases and Materials will be essential reading for anyone working in international arbitration, including companies, lawyers, arbitrators, judges, legislators and law students.

Acknowledgments.
Chapter 1 Introduction to International Arbitration.

PART I INTERNATIONAL ARBITRATION AGREEMENTS.
Chapter 2 Legal Framework for International Arbitration Agreements.
Chapter 3 International Arbitration Agreements: Basic Issues.
Chapter 4 Formation and Validity of International Arbitration Agreements.
Chapter 5 Interpretation of International Arbitration Agreements.
Chapter 6 Non-Signatories and International Arbitration Agreements 551

PART II INTERNATIONAL ARBITRATION PROCEEDINGS.
Chapter 7 Selection of Arbitral Seat in International Arbitration.
Chapter 8 Selection, Challenge and Replacement of Arbitrators in International Arbitration.
Chapter 9 Procedural Issues in International Arbitration.
Chapter 10 Provisional Measures in International Arbitration.
Chapter 11 Multiparty Issues in International Arbitration.
Chapter 12 Choice of Substantive Law in International Arbitration.
Chapter 13 Legal Representation and Professional Responsibility in International Arbitration.

PART III INTERNATIONAL ARBITRAL AWARDS.
Chapter 14 Legal Framework for International Arbitral Awards.
Chapter 15 Annulment and Revision of International Arbitral Awards.
Chapter 16 Recognition and Enforcement of International Arbitral Awards.

Table of Cases.
Table of Conventions and Statutes.
Table of Rules, Codes and Guidelines.
Index.

Gary Born is universally regarded as one of the world's preeminent authorities on international commercial arbitration and international litigation. He is Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP and has served as counsel in over 600 arbitrations, including several of the largest arbitrations in ICC and ad hoc history. He has sat as arbitrator in more than 200 institutional and ad hoc arbitrations.

Mr. Born is ranked by peers and clients as one of the leading international arbitration practitioners in the world. Among many accolades, he received the GAR inaugural “Advocate of the Year” award, the Client Choice award for “Best International Arbitration Practitioner” in 2012 and 2014 and the inaugural Best Lawyers “London Arbitration and Mediation Lawyer of the Year” award. He is one of only two practitioners globally to achieve “starred” status for international arbitration in Chambers and Partners’ guides and the sole practitioner in London.

Mr. Born has published a number of leading works on international arbitration, international litigation and other forms of dispute resolution. He is the author of International Commercial Arbitration (Second Edition, Kluwer 2014), the leading treatise in the field, which has received the American Society of International Law's Certificate of Merit for High Technical Craftsmanship and OGEMID's Book of the Year award for 2009. He is an Honorary Professor of Law at the University of St. Gallen, Switzerland and Tsinghua University, Beijing, and teaches regularly at law schools in Europe, Asia and North America.

Mr. Born is President of the Singapore International Arbitration Centre (SIAC) Court of Arbitration, a member of the International Advisory Board of the Hong Kong International Arbitration Centre (HKIAC), a member of the International Arbitration Committee of the Korean Commercial Arbitration Board (KCAB), a member of the Global Advisory Board of the New York International Arbitration Center (NYIAC), and a member of the Jerusalem Arbitration Center's Court of Arbitration.

He is a member of the American Law Institute and of the Board of Trustees of the British Institute for International and Comparative Law. He has served on the Executive Council of the American Society of International Law, the Advisory Committee of the ALI's Restatement of US International Arbitration Law, the Advisory Committee of the ALI Restatement of US Foreign Relation Law (Fourth) and as co-chair of the ABA International Section, Committee on International Aspects of Litigation.