International Arbitration
Law and Practice
Does not imply availability
Description
International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne
AI Overview
Comprehensive Overview of "International Arbitration" by Gary B. Born
Key Themes
The book "International Arbitration: Law and Practice" by Gary B. Born is a comprehensive treatise that covers all aspects of international arbitration. The key themes include:
International Arbitration Agreements:
- Formation, Validity, and Legality: Chapters focus on the legal framework, separability presumption, choice of law, and non-arbitrability[2].
- Interpretation and Enforcement: Detailed discussions on the interpretation of arbitration agreements and their enforcement[2][4].
International Arbitral Procedures:
- Legal Framework: Chapters cover the legal framework for international arbitral proceedings, including the selection and importance of the arbitral seat[2][3].
- Arbitrators and Their Role: Discussions on the selection and removal of arbitrators[2][3].
International Commercial Arbitration and Related Fields:
- New York Convention and UNCITRAL Model Law: Comprehensive treatment of these key conventions and model laws[3][4].
- Institutional Arbitration Rules: Detailed treatment of leading institutional arbitration rules, including ICC, SIAC, LCIA, AAA, and others[4].
- Investment and State-to-State Arbitration: Coverage of related fields, including the ICSID Convention and ICSID Arbitration Rules[4].
Practical Aspects and Policy Considerations:
- Chronological Structure: The book follows a chronological structure that guides readers through the course of an international arbitration, focusing on key stages, legal issues, and practical aspects[3].
- Case Excerpts and Discussions: Careful case excerpts allow for instruction on key legal issues and practical aspects, providing opportunities for discussions of policy considerations[3].
Plot Summary
The book is structured into several parts, each addressing a different aspect of international arbitration:
Part I: International Arbitration Agreements
- Chapters 2-10 cover the legal framework, formation, validity, and interpretation of international arbitration agreements, including non-arbitrability and competence-competence[2].
Part II: International Arbitral Procedures
- Chapters 11-13 discuss the legal framework for international arbitral proceedings, the selection and importance of the arbitral seat, and the selection and removal of arbitrators[2].
Integration with Other Works
- The Third Edition is integrated with Gary Born's classic work, International Commercial Arbitration, and the online Born International Arbitration Lectures, enabling deeper exploration of particular topics[4].
Critical Reception
Gary Born is widely regarded as the world's leading authority on international arbitration and litigation. His work is highly respected for its comprehensive and detailed treatment of the subject matter.
Review by Kluwer Arbitration Blog: The book is praised for its systematic and concise approach to international arbitration law, covering 26 chapters divided into three parts: international arbitration agreements, procedures, and awards. The review highlights Born's ability to present a nuanced case for reference to prior arbitral authority in international arbitration, arguing against the myth of a closed elite in public international law[5].
Aspen Publishing: The casebook based on Born's treatise is highly regarded for its comprehensive treatment of international commercial arbitration, focusing on the New York Convention and UNCITRAL Model Law. It is updated through April 2021 to include recent legislative amendments, judicial decisions, and arbitral awards[3].
Gary B. Born's "International Arbitration: Law and Practice" is a seminal work in the field, essential reading for both students and practitioners seeking a complete introduction to international arbitration. Its comprehensive coverage, detailed analysis, and integration with other authoritative works make it a cornerstone in the study and practice of international arbitration.