This important casebook is based on the leading commentary in the field—Born’s treatise, International Commercial Arbitration (Kluwer Law International, 3d ed. 2021). The casebook provides a comprehensive treatment of international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while also offering comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Careful case excerpts allow instruction to focus on key stages of the arbitration, legal issues and practical aspects of international arbitration, while also providing opportunities for discussions of policy considerations.
New to the Third Edition:
Comprehensively updated through April 2021 to include:
- Legislative enactments, judicial decisions, arbitral awards, institutional rule amendments, and other developments
- Excerpts of, and notes on, GE Power v. Outokumpu Stainless, Enka v. Chubb, Halliburton v. Chubb, ASA Bioenergy v. Ometto, and recent arbitral awards
- Updates of all leading institutional arbitration rules
- Notes on ALI Restatement of the U.S. Law of International Commercial and Investor-State Arbitration
- Revisions to IBA Guidelines on Conflicts of Interest in International Arbitration, proposed UNCITRAL/ICSID Code of Conduct for Adjudicators in International Investment Disputes, and Prague Rules on Efficient Conduct of International Arbitration Proceedings
- Updated Notes with issues encountered in an international arbitration practice group, including in-person versus remote hearings, arbitrator selection, multi-party arbitrations, and costs
Professors and student will benefit from:
- A text that is:
- Based on Gary Born’s treatise, International Commercial Arbitration, Third Edition, which is recognized as the leading treatise in the field and is routinely cited in decisions by the U.S., U.K., Canadian, Australian, Indian, and other Supreme Courts
- Thoroughly international, with materials focused on the New York Convention and Inter-American Convention, and the UNCITRAL Model Law
- Directed toward international commercial arbitration, while including chapters and materials on investment arbitration and state-to-state arbitration, which can be included with varying levels of emphasis: courses can focus largely on international commercial arbitration or, alternatively, treat all types of international arbitration equally
- Materials including judicial decisions and statutory materials drawn from all leading jurisdictions (European, Asian, Americas, etc.) and arbitral awards under all leading institutional and other rules
- A thorough treatment of international arbitration in the United States, under the Federal Arbitration Act
- Carefully edited excerpts of judicial decisions, awards, institutional arbitration rules, and other materials, to focus instruction and classroom discussion on key issues
- Notes and questions identify practical issues arising in international arbitration
- Experienced authors with 35 years of practice as counsel and arbitrator in international arbitrations and close involvement with leading international arbitral institutions
