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International Arbitration: Law and Practice, by Gary B. Born
Download Ebook International Arbitration: Law and Practice, by Gary B. Born
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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.
- Sales Rank: #892209 in Books
- Published on: 2012-11-21
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x 1.03" w x 6.14" l, 1.56 pounds
- Binding: Paperback
- 512 pages
Most helpful customer reviews
4 of 4 people found the following review helpful.
Gary Born - International Arbitration: Law and Practice
By Melanie Willems, Chadbourne & Parke
Gary Born is widely recognised as a leading figure in international arbitration. His two-volume work 'International Commercial Arbitration' remains the most compendious and thorough treatment in this field. The author has now taken the most important and practically useful matters and condensed them into a compact, clear and reader-friendly work. Not only does Gary Born's International Arbitration: Law and Practice deal with commercial arbitrations under the major institutional rules and all the key issues they may throw up in practice, the author has also included a chapter that provides a very handy introduction to, and synopsis of, investor-state treaty arbitrations. Throughout, the authorities cited and discussed are from the main legal systems that arbitration practitioners encounter, with the book providing some comparative discussion of the major differences in approach between the jurisdictions. This book is to be recommended as either the first port of call for arbitration practitioners or as an overview of the practice area for budding arbitration lawyers or students.
0 of 0 people found the following review helpful.
Concise introduction to international arbitration
By Legal Abstract
The reviewed book belongs to Gary Born, well-known scholar and lawyers in the field of international arbitration. It has been published after groundbreaking success of his magnum opus – International Commercial Arbitration, a book published in 2009.
That book received a lot of positive feedback. Professor Jack Goldsmith, Harvard Univeristy, wrote that this book has no parallels neither in law, practice or theory in international commercial arbitration. Professor Harold Koh, Yale University, wrote that the book is very comprehensive, accessible and full of different opinions.
The question therefore arises: Will this book repeat the success of the previous one? Before answering, we need to consider the following factors.
First of all, the Born’s masterpiece was devoted to international commercial arbitration, whereas this one is more general and encompasses such topics as international commercial arbitration, investment arbitration and interstate arbitration.
Secondly, the previous book consisted of two large volumes and encompassed almost all topics of international commercial arbitration, discussing in detail every topic, whereas in this book, Born only provides general descriptions and does not discuss in detail.
The present book is intended for those, who just started studying international arbitration. It familiarizes the reader with general concepts, doctrines, principles and rules of international arbitration. Each topic does not occupy more than half a page, sometimes less, which makes us think that it is written for those, who does not want to spend a long time for reading. It is certainly not a sole reason, for which the book is written in such a concise manner. One more reason is that Born intended to discuss and analyze all those concepts and doctrines of international arbitration, which have already been discussed before him.
The style and language is accessible and in most cases is very interesting. The book is attractive also for abundant practical examples, adduced by the author throughout the text.
One more fact has also surprised me in the book. On page 17, the author lists all prominent arbitration institutions of the world, but does not include International Commercial Arbitration at Russian Chamber of Commerce. It implies that this institution is not a leading one, even though it has strong image in Russia and CIS states. It is also a reminder that this institution is in desperate need for improvement. Not only Russian Chamber of Commerce should contribute in it, but also legal community in Russia.
Personally, I liked the book because of practicality, comprehensiveness, conciseness, clearness of ideas and concepts. Perhaps, it gave way to the predecessor, but it was not written to excel it, but to create convenience for the reader.
0 of 0 people found the following review helpful.
Very good read!
By Ndifreke
a concise introduction to the field of international commercial arbitration. A bird's eye view; very good read for those interested in the practice of international arbitration.
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