International Arbitration
Law and Practice
By: Gary Born
About This Book
"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.
AI Overview
The book "International Arbitration: Law and Practice" by Gary Born is a comprehensive treatise on the legal and practical aspects of international arbitration. Here is a detailed overview of the book:
Key Themes
International Arbitration Agreements:
- The book covers the formation, validity, and interpretation of international arbitration agreements, including issues related to presumptive validity, separability, and competence-competence.
Legal Framework:
- It provides a detailed analysis of the legal framework governing international arbitration, including the New York Convention and the UNCITRAL Model Law.
Arbitral Proceedings:
- The book delves into the procedural aspects of international arbitration, including the selection and importance of the arbitral seat, the selection and removal of arbitrators, and the conduct of arbitral proceedings.
Enforcement and Recognition:
- It guides readers through the process of recognizing and enforcing international arbitral awards, as well as seeking to annul them.
Non-Arbitrability Doctrine:
- The book also explores the non-arbitrability doctrine and its implications in international arbitration.
Plot Summary
The book is structured to provide a systematic and concise treatment of all aspects of the arbitral process. It begins with an introduction to international arbitration, covering topics such as drafting, enforcing, and interpreting international arbitration agreements. The subsequent chapters delve into more advanced topics like non-signatory issues, the legal framework for international arbitral proceedings, and the recognition and enforcement of awards. The book aims to guide both students and practitioners through the complexities of international arbitration, offering authoritative coverage of the basic principles and legal doctrines involved.
Critical Reception
Gary Born's works are highly regarded in the field of international arbitration. The first edition of his treatise, "International Commercial Arbitration," 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 third edition of "International Arbitration: Law and Practice" has been similarly well-received, providing a comprehensive and authoritative guide to the field. It is designed to be both a foundational text for students and a practical resource for practitioners.
In summary, "International Arbitration: Law and Practice" by Gary Born is a seminal work that offers a thorough examination of the legal and practical aspects of international arbitration. Its comprehensive coverage, coupled with its authoritative analysis, makes it an indispensable resource for anyone involved in this complex and specialized field.