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by: Gary B. Born
January 2009,
ISBN 9041127593
ISBN 13:
9789041127594
3400 pp.
Hardcover
USD price: $482.00
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* 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
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Legal Framework for International Arbitration Agreements
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International Arbitration Agreements and the Separability Presumption
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Choice-of-Law Governing International Arbitration Agreements
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Formation, Validity and Legality of International Arbitration Agreements
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International Arbitration Agreements and Competence-Competence
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Effects and Enforcement of International Arbitration Agreements
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Interpretation of International Arbitration Agreements
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Parties to International Arbitration Agreements
INTERNATIONAL ARBITRAL PROCEDURES AND PROCEEDINGS
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Legal Framework for International Arbitral Proceedings
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Selection, Challenge and Replacement of Arbitrators in International
Arbitration
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Rights and Duties of International Arbitrators
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Selection of Arbitral Seat in International Arbitration
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Procedures in International Arbitration
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Disclosure and Discovery in International Arbitration
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Provisional Measures in International Arbitration
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Consolidation, Joinder and Intervention in International Arbitration
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Choice of Substantive Law in International Arbitration
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Confidentiality in International Arbitration
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Legal Representation and Professional Conduct in International Arbitration
INTERNATIONAL ARBITRAL AWARDS
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Legal Framework for International Arbitral Awards
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Form and Content of International Arbitral Awards
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Correction, Interpretation and Supplementation of International Arbitral Awards
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Annulment of International Arbitral Awards
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Recognition and Enforcement of International Arbitral Awards
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Preclusion, Lis Pendens and Stare Decisis in International Arbitral Awards
"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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