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This book is now Out of Print.
A new edition was published, see:
International Commercial Arbitration 2nd ed isbn 9789041152190

International Commercial Arbitration

ISBN13: 9789041127594
New Edition ISBN: 9789041152190
Published: January 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback, 2 volumes
Price: Out of print

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 was recently voted the International Dispute Resolution Book of the Year by the Oil, Gas, Energy, Mining and Infrastructure Dispute Management list serve. OGEMID described Born’s treatise as a “masterful treatise from a masterful mind.”

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.

Reviewers have described International Commercial Arbitration as “the definitive text on international arbitration” and a “magisterial exposition of international arbitration, which is stunning in its scope and comprehensiveness.”

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. Gary 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 (4th ed. 2007), International Arbitration Agreements and Forum Selection Clauses: Drafting and Enforcing (3d ed. 2010), and numerous other publications in the international litigation and arbitration fields.

Arbitration and Alternative Dispute Resolution
History of International Commercial Arbitration
Legal Framework for International Commercial Arbitration Agreements
Separability Presumption
Choice-of-Law Governing International Arbitration Agreements
Formation and Validity of International Arbitration Agreements
Competence-Competence and the Allocation of Jurisdictional Competence
Effects and Enforcement of International Arbitration Agreements
Interpretation of International Arbitration Agreements
Multi-Party Issues under International Arbitration Agreements
Legal Framework for International Arbitral Proceedings
Selection, Removal and Replacement of Arbitrators
Rights and Duties of International Arbitrators
Selection of Place of Arbitration
Arbitral Procedures
Disclosure and Evidence-Taking in International Commercial Arbitration
Provisional Measures in International Commercial Arbitration
Consolidation, Joinder and Multi-Party Issues
Choice of Substantive Law in International Commercial Arbitration
Legal Representation in International Commercial Arbitration
Confidentiality in International Arbitration
Legal Framework for International Arbitral Awards
Form and Content of International Arbitral Awards
Correction, Modification and Interpretation of International Arbitral Awards
Annulment of International Arbitral Awards
Recognition of International Arbitral Awards
Preclusive Effects of International Arbitral Awards