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International Commercial Arbitration, 3rd Edition (Three Volume Set)

International Commercial Arbitration, 3rd Edition (Three Volume Set)

作者： Gary B. Born
出版商： Kluwer Law International
ISBN: 9789403526430
出版时间 December 2020
规格： Hardback (3 volumes) , 4250 pages
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available.

The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated,
- To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020.
- It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law.
- The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration.
The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.:

U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014);

Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.);

U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.);

Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.);

Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012);

Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.);

Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.);

Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof);

Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.
Introduction
Chapter 1: Overview of International Commercial Arbitration

Part I: International Arbitration Agreements
Chapter 2: Legal Framework for International Arbitration Agreements
Chapter 3: International Arbitration Agreements and Separability Presumption
Chapter 4: Choice of Law Governing International Arbitration Agreements
Chapter 5: Formation, Validity and Legality of International Arbitration Agreements
Chapter 6: Nonarbitrability and International Arbitration Agreements
Chapter 7: International Arbitration Agreements and Competence-Competence
Chapter 8: Effects and Enforcement of International Arbitration Agreements
Chapter 9: Interpretation of International Arbitration Agreements
Chapter 10: Parties to International Arbitration Agreements

Part II: International Arbitral Procedures
Chapter 11: Legal Framework for International Arbitral Proceedings
Chapter 12: Selection, Challenge and Replacement of Arbitrators in International Arbitration
Chapter 13: Rights and Duties of International Arbitrators
Chapter 14: Selection of Arbitral Seat in International Arbitration
Chapter 15: Procedures in International Arbitration
Chapter 16: Disclosure in International Arbitration
Chapter 17: Provisional Relief in International Arbitration
Chapter 18: Consolidation, Joinder and Intervention in International Arbitration
Chapter 19: Choice of Substantive Law in International Arbitration
Chapter 20: Confidentiality in International Arbitration
Chapter 21: Legal Representation and Professional Conduct in International Arbitration

Part III: International Arbitral Awards
Chapter 22: Legal Framework for International Arbitral Awards
Chapter 23: Form and Contents of International Arbitral Awards
Chapter 24: Correction, Interpretation and Supplementation of International Arbitral Awards
Chapter 25: Annulment of International Arbitral Awards
Chapter 26: Recognition and Enforcement of International Arbitral Awards
Chapter 27: Preclusion, Lis Pendens and Stare Decisis in International Arbitration
Gary Born is the chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. He has participated as counsel in more than 650 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Mr. Born is uniformly ranked as one of the leading practitioners in the field. He is one of only two lawyers in the world to receive global "starred" status in Chambers rankings for international arbitration.

Mr. Born heads the firm's 70-person international arbitration group, which is based in London and integrated with its New York, Washington, Berlin and Brussels offices. He has particular experience in joint venture, investor-state, M&A, investment banking and other financial services, project finance, energy, oil and gas, intellectual property and insurance disputes.

Mr. Born has published a number of leading works on international arbitration and other forms of international dispute resolution. His recent works include International Commercial Arbitration (Kluwer 2d ed. 2014), the leading treatise in the field; International Arbitration: Law and Practice (Kluwer 2d ed. 2015); and International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 5th ed. 2016). Mr. Born teaches at leading law schools around the world, including Harvard, Stanford, National University of Singapore and elsewhere.

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