International Commercial Arbitration

Overview of "International Commercial Arbitration" by Gary B. Born

Key Themes:

1. Comprehensive Coverage: The book provides an exhaustive analysis of all aspects of international commercial arbitration, including the legal framework, arbitration agreements, and the enforcement of arbitral awards.
2. Legal Framework: It thoroughly examines international conventions, national arbitration statutes, and institutional arbitration rules. The treatise focuses on both international instruments (such as the New York Convention) and national law provisions in leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration).
3. Practical Guidance: The book offers clear and authoritative guidance for practitioners, academics, clients, institutions, and other users of international commercial arbitration.
4. Arbitral Process: It guides readers through the entire arbitral process, from drafting and enforcing arbitration agreements to interpreting and recognizing arbitral awards.

Plot Summary: The book is structured into multiple chapters that cover various aspects of international commercial arbitration. The exposition is divided into three parts: international arbitration agreements, the legal framework for international arbitration, and the practice of international arbitration. The treatise includes expanded treatment of topics such as annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality, and applicable law.

Critical Reception:

1. Authoritative Work: The book is widely regarded as the preeminent commentary in the field of international commercial arbitration. The first edition 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.
2. Comprehensive Analysis: The Third Edition has been praised for its comprehensive revision, expansion, and update, including references to more than 20,000 cases, awards, and other authorities. It is routinely relied upon by leading national courts and international arbitral tribunals worldwide.
3. Accessibility: Gary Born has stated that his treatise is intended to be clear, direct, and accessible, which has been noted by reviewers as a significant achievement in making complex arbitration law understandable to a broad audience.

Editions:

• First Edition: Published in 2010, it was extensively cited in national court decisions and arbitral awards around the world.
• Second Edition: Published in 2014, it maintained its authoritative position with additional comprehensive commentary and analysis.
• Third Edition: Published in 2020, it includes all legislative, judicial, and arbitral authorities up to June 2020, enhancing its position as the world’s leading work on international arbitration.

Overall, "International Commercial Arbitration" by Gary B. Born is a seminal work in the field, providing a comprehensive and authoritative guide to international commercial arbitration. Its critical reception and widespread reliance by legal professionals underscore its significance in the legal community.