International Arbitration: Cases and Materials 2nd ed

The new edition of this practical and authoritative casebook is based on the highly acclaimed International Commercial Arbitration: Commentary and Materials. It will provide you with a fully international approach to the constitutional structure, law, practice and policy of international arbitration.

The author, the distinguished and worldrenowned arbitrator Gary Born, examines all forms of international arbitration, including international commercial disputes and investor-state and inter-state (or state-to-state) disputes. He focuses in particular on the New York Convention, the UNCITRAL Model Law and leading institutional arbitration rules (including the UNCITRAL Arbitration Rules). He considers the leading international arbitration conventions, and examines contemporary national arbitration legislation from an international perspective.

The casebook begins with a general introduction and then divides into three main sections: international arbitration agreements, arbitral proceedings, and arbitral awards. Each section focuses on international standards and practices, rather than on a single national legal system.

How will International Arbitration: Cases and Materials help you?

• Provides you with an easy-to-use and accessible structure, organized chronologically to follow the course of an international arbitration (arbitration agreements, arbitral proceedings, arbitral awards)
• Includes judicial decisions and statutory materials from all leading jurisdictions (including Europe, Asia, United States and Canada) – helping you see the full picture
• Includes arbitral awards under all leading rules
• Supplies a thorough treatment of international arbitration in the United States, under the FAA
• Enables you to compare materials on investment arbitration and state-tostate arbitration with commercial materials You’ll find comprehensive coverage on the following topics:
• International arbitration agreements: includes the legal framework applicable to such agreements, the presumptive separability or autonomy of international arbitration agreements, the law governing international arbitration agreements, the competence-competence doctrine, the substantive and formal rules of validity relating to such agreements, the interpretation of arbitration agreements, and the issues related to identifying the parties to international arbitration agreements.
• International arbitration proceedings: deals with the legal framework applicable to such proceedings, the selection of the arbitral seat, the selection and challenge of arbitrators, the conduct of the arbitration and arbitral procedures, disclosure or discovery, confidentiality, provisional measures, consolidation and joinder, the selection of substantive law, and legal representation and ethics.
• International arbitral awards: examines the legal framework for international arbitral awards, the form and contents of such awards, the correction and interpretation of arbitral awards, actions to annul or vacate arbitral awards, and the recognition and enforcement of international arbitral awards.