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Practice Area: Commercial Arbitration and Litigation

Photo of the title: International Arbitration: Law and Practice - 9041145621 - 9789041145628




International Arbitration: Law and Practice
by: Gary B. Born
November 2012,  ISBN 9041145621
ISBN 13: 9789041145628
512 pp. Paperback
Add to Shopping Cart: International Arbitration: Law and Practice - 9041145621 - 9789041145628 USD price: $41.00
          




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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.






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

"Gary Born’s latest addition to the international arbitration literature, International Arbitration: Law and Practice, is a nice bookend to his magisterial two-volume work on the same subject. Rather than simply condense his 3,000 page tome into a 500-page summary, he has done something completely different: offer a concise, ready-reference, black-letter guide to international arbitration.

The text is brief and clear, offering a concise outline of the subject. But the book goes further, presenting charts, checklists, tables, statistics, and flowcharts. It is precisely the kind of book that my students would buy to prepare for my final exam on international arbitration. It is also the kind of book that practitioners would buy to pull off the shelf for quick answers to a 1,001 questions that present themselves in practice. If the quick answer from this book is not enough, the footnotes offer cross-citation to detailed commentary from his two-volume book on the subject. The aim of the book is to introduce “the key legal principles and customary practices in an accessible and straightforward manner, tailored to the needs of general practitioners, law students, and others seeking an introduction to the international arbitral process.”

If you want quick answers to common questions it’s all there. What are the bases for holding non-signatories to the arbitration agreement? There’s a quick checklist and a seven-page summary. What are the critical elements of every international arbitration agreement? Another check-list with short commentary. The entire discussion of evidence is less than fifteen pages. Grounds for refusing to recognize an award is less than twenty pages, and the entire subject of investor arbitration is less than thirty pages.

The closest competitor to this book is the student version of Redfern & Hunter on International Arbitration. But the Born book is two-thirds the size, and oriented toward black-letter law in lieu of greater commentary."

By Roger Alford, Notre Dame Law School in Kluwer Arbitration Blog February 2013


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International Commercial Arbitration Volume III:International Arbitral Awards
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