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International Commercial Arbitration

International Commercial Arbitration

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041127594
  • Published In: January 2009
  • Format: Hardback (2 volumes) , 3400 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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Voted the OGEMID International Dispute Resolution book of the Year for 2009!
 
* WINNER OF THE ASIL CERTIFICATE OF MERIT 2011 *
 
.* VOTED THE IDR-RELATED BOOK OF THE YEAR 2009 BY OGEMID *
 
Gary Born’s International Commercial Arbitration is an authoritative 3,200 page treatise, in two volumes, providing the most complete available commentary and analysis on all aspects of the international commercial arbitration process. International Commercial Arbitration has been widely cited by national courts and commentaries in all developed jurisdictions and is the gold standard for international arbitration commentaries. The text was awarded the American Society of International Law’s Certificate of Merit in 2011 and was voted “Book of the Year” by OGEMID.
 
Reviewers have described International Commercial Arbitration as “the definitive text on international arbitration,” “an unparalleled book on the law, practice and theory of international commercial arbitration” and a “magisterial exposition of international arbitration, which is stunning in its scope and comprehensiveness.” For additional reviews of Born’s book, click here.
 
International Commercial Arbitration comprehensively examines the constitutional framework of contemporary international commercial arbitration, thoroughly explicating all relevant conventions, statutes, and institutional rules and their interactions in dozens of jurisdictions worldwide. All practitioners, academics and users of international commercial arbitration – whether they need a systematic exposition of how all the ‘pieces fit together’, or detailed clarification of specific issues, or a basis on which to develop strategies – will find clear and authoritative guidance in this work.
 
Divided into three main parts, International Commercial Arbitration focuses on: International Arbitration Agreements, International Arbitral Procedures and International Arbitral Awards. Topics covered include:
 
• The separability of the arbitration agreement;
 
• Choice of law governing the arbitration agreement;
 
• Formation and validity of the arbitration agreement;
 
• Effects and interpretation of international arbitration agreements;
 
• Arbitral procedures, consolidation and joinder;
 
• Confidentiality;
 
• Selection of arbitrators and arbitral seats;
 
• Challenge of arbitrators;
 
• Choice of substantive and procedural laws;
 
• Rights and duties of arbitrators;
 
• Ethical issues and representation in arbitration;
 
• Form and content of arbitral awards, correction of awards;
 
• Annulment of awards;
 
• Recognition and non-recognition of awards; and
 
• Issues of preclusion and lis pendens.
 
Mr. Born is one of the world's leading authorities on international arbitration and litigation. He is the author of International Civil Litigation in United States Courts (5th ed. 2011), International Arbitration: Cases and Materials (2010), International Arbitration Agreements and Forum Selection Clauses: Drafting and Enforcing (3d ed. 2010), and numerous other publications in the international litigation and arbitration fields. Mr. Born was recently awarded the Global Arbitration Review’s inaugural “Advocate of the Year” prize and was voted “Best International Litigator in the World” for 2007; he heads Wilmer Cutler Pickering Hale and Dorr's International Arbitration Group.
 
For academic users, International Commercial Arbitration is designed to be used in conjunction with Mr. Born’s casebook, International Arbitration: Cases and Materials (2010), which is accompanied by a Teacher’s Manual, designed for classroom use.

 

 

 

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 B. Born
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) 
"This two volume work by Gary Born exemplifies the subject of and criteria for this award: high technical craftsmanship and practical utility to practicing lawyers and scholars. The author has produced a masterwork on International Commercial Arbitration drawing together international agreements, legislation, public and private arbitration rules, contract clauses, judicial and arbitral decisions, and the many other elements that constitute law and practice in this field. The work synthesizes a vast body of information -- spread across a wide geographic and temporal range -- to make it fully accessible and usable. The author has anticipated the questions that practitioners should be asking on behalf of their clients, the issues that arbitrators should be considering in the course of proceedings and in rendering their awards, and he has identified areas which deserve greater attention from scholars. This two volume work will undoubtedly take its place as an indispensable aid to those involved in the practice and study of international commercial arbitration".
 
The American Society of International Law’s Scholarship Awards Committee 
 
" 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 the 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 is breathtaking in its scope and comprehensiveness."
 
L. Yves Fortier C. C. Q. C., Ogilvy Renault LLP
 
"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
 
"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."
 
Harold Hongju Koh, Dean and Gerard C. & Bernice Latrobe Smith Professor of International Law, Yale Law School
 
Gary Born has succeeded to accomplish a phenomenal task. This work is irreplaceable for the International Practice but also for the increasing academic presence in international arbitration."
 
Dr. Martin Illmer, MJur (Oxford), Hamburg (translated from hisreview published in Schieds VZ 2010, Heft 4)
 
"The two volumes are a significant source of information for the reader, accompanied by a clear style reflecting the opinions of the author. We can only recommend consulting this reference, a real treaty, also accessible to non-specialists."
 
Dr. Guido Carducci, translated from his review published in Clunet Journal de droit international, Volume 2, 2011

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