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International Commercial Arbitration, 2nd Edition (Three Volume Set)

International Commercial Arbitration, 2nd Edition (Three Volume Set)

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041152190
  • Published In: April 2014
  • Format: Hardback (3 volumes) , 4408 pages
  • Jurisdiction: China, European Union, France, Germany, Hong Kong, India, International, Japan, Switzerland, U.K., U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
New Edition is available now !
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  • Description 
  • Contents 
  • Author 
  • Reviews
  • Details

    The second edition of Gary Born’s International Commercial Arbitration is an authoritative 4,000 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available.

    The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the “International Dispute Resolution Book of the Year” by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world.

    The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. 

    The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law.The revised 4,000 page text contains references to more than 20,000 cases, awards and other authorities.

    Overview of volumes:

    Volume I, covering International Arbitration Agreements, provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues.

    Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct.

    Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

  • INTERNATIONAL ARBITRATION AGREEMENTS

    • Legal Framework for International Arbitration Agreements
    • International Arbitration Agreements and the Separability Presumption
    • Choice-of-Law Governing International Arbitration Agreements
    • Formation, Validity and Legality of International Arbitration Agreements
    • International Arbitration Agreements and Competence-Competence
    • Effects and Enforcement of International Arbitration Agreements
    • Interpretation of International Arbitration Agreements
    • Parties to International Arbitration Agreements

     

    INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS

    • Legal Framework for International Arbitral Proceedings
    • Selection, Challenge and Replacement of Arbitrators in International Arbitration
    • Rights and Duties of International Arbitrators
    • Selection of Arbitral Seat in International Arbitration
    • Procedures in International Arbitration
    • Disclosure and Discovery in International Arbitration
    • Provisional Measures in International Arbitration
    • Consolidation, Joinder and Intervention in International Arbitration
    • Choice of Substantive Law in International Arbitration
    • Confidentiality in International Arbitration
    • Legal Representation and Professional Conduct in International Arbitration

     

    INTERNATIONAL ARBITRAL AWARDS

    • Legal Framework for International Arbitral Awards
    • Form and Content of International Arbitral Awards
    • Correction, Interpretation and Supplementation of International Arbitral Awards
    • Annulment of International Arbitral Awards
    • Recognition and Enforcement of International Arbitral Awards
    • Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards
  • 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.

  • Reviews of First Edition:

    A splendid treatise on international commercial arbitration which is unsurpassed in the breadth and depth of its exposition and in the acuity of its analysis. It marries the industry of the meticulous scholar with the pragmatic judgment of one of international arbitration's leading practitioners. A great achievement.”

    Stephen 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 C.C. Q.C., Ogilvy Renault LLP

    “This is an unparalleled book on the law, practice and theory of international commercial arbitration. It explains every aspect of international arbitration with both impressive doctrinal detail and exceptional theoretical acuity, and will be indispensable for both practitioners and academics.”

    Professor Jack Goldsmith, Harvard Law School

    "Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration."

    Haold Hongju Koh, Gerard C. & Bernice Latrobe Smith Professor of International Law; Yale Law School.

    “A magisterial exposition of international arbitration, which is breathtaking in its scope and comprehensiveness.”

    Michael Hwang S.C., Singapore/Essex Court Chambers

    “A remarkable achievement, combining rigorous academic analysis with insights borne from a high level practical experience.”

    Albert van den Berg, Hanotiau & van den Berg

    “An undisputed classic [and a] must for counsel, arbitrators, scholars and students.”

    Horacio A. Grigera Naon, former Secretary General, ICC International Court of Arbitration

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