International Commercial Arbitration: Commentary and Materials, Expanded Second Edition

Overview

The revised and expanded Second Edition of Gary Born's landmark treatise International Commercial Arbitration provides the most detailed and up-to-date commentary, case analyses, and practice pointers available to practitioners and academics today. With full annotations and footnotes for invaluable research assistance, and clearly-written analyses that identify and discuss critical issues, it is an invaluable guide to the actual practice of international commercial arbitration anywhere in the world, by one of the...

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Overview

The revised and expanded Second Edition of Gary Born's landmark treatise International Commercial Arbitration provides the most detailed and up-to-date commentary, case analyses, and practice pointers available to practitioners and academics today. With full annotations and footnotes for invaluable research assistance, and clearly-written analyses that identify and discuss critical issues, it is an invaluable guide to the actual practice of international commercial arbitration anywhere in the world, by one of the field's most experienced practitioners.

International Commercial Arbitration, Second Edition, examines the procedural aspects of international arbitration in contemporary practice; provides excerpts of representative international arbitral awards and national court decisions; and makes abundant reference to leading institutional rules as they are brought to bear on specific fact situations.

It discusses in detail all leading international practices and legal sources relating to international commercial arbitration, including the New York and Inter-American Conventions, the UNCITRAL Model Law and other national arbitration legislation, and all leading institutional arbitration rules. It also expands and updates the First Edition's authoritative treatment of international arbitration by U.S. and other national courts.

Divided into three parts—international arbitration agreements, international arbitral procedures, and international arbitration awards—the treatise explores each topic in detail, dealing with both legal and practical issues under leading international and national legal regimes.

Through excerpts of key court decisions and detailed analysis, it thoroughly covers the role of U.S. courts in enforcing international arbitration agreements under the Federal Arbitration Act, providing an invaluable guide to the enforceability of international arbitration awards in U.S. courts and the role of U.S. courts in granting provisional remedies, selecting arbitrators and arbitral situses, ordering discovery, and otherwise providing judicial support for the international arbitral process.

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Product Details

  • ISBN-13: 9789041115591
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/1/2002
  • Edition description: 2ND
  • Edition number: 2
  • Pages: 1149
  • Product dimensions: 6.50 (w) x 9.80 (h) x 2.70 (d)

Table of Contents

Preface
1 Introduction 1
Pt. 1 International Arbitration Agreements 53
2 Enforcement and Interpretation of International Arbitration Agreements: Basic Principles 55
3 Formation and Validity of International Arbitration Agreements 155
4 Interpretation of International Arbitration Agreements 297
5 Enforcement of International Arbitration Agreements in U.S. Courts 331
Pt. 2 International Arbitration Proceedings 409
6 Procedural Issues in International Arbitration 411
7 Choice of Substantive Law in International Arbitration 523
8 Selection of Arbitral Situs in International Arbitration 573
9 Selection of Arbitrators in International Arbitration 615
10 Multi-Party Issues in International Arbitration 653
Pt. 3 International Arbitration Awards 701
11 Recognition and Enforcement of International Arbitration Awards: Basic Principles 703
12 Validity of International Arbitration Awards 779
13 Enforcement of International Arbitration Awards in U.S. Courts 881
14 Provisional Measures in International Arbitration 919
App. A European Convention on International Commercial Arbitration of 1961 981
App. B United Nations Conventions on the Recognition and Enforcement of Foreign Arbitral Awards 987
App. C Inter-American Convention on International Commercial Arbitration 995
App. D United States Federal Arbitration Act 999
App. E The Uniform Arbitration Act 1005
App. F UNCITRAL Model Law on International Commercial Arbitration 1011
App. G Uncitral Arbitration Rules 1023
App. H Swiss Private International Law Statute of 18 December 1987 1033
App. I International Arbitration Rules of the American Arbitration Association 1037
App. J Commercial Arbitration Rules of the American Arbitration Association 1047
App. K Rules of Arbitration of the International Chamber of Commerce 1059
App. L The LCIA Rules 1075
App. M Rules of Procedure of the Inter-American Commercial Arbitration Commission 1089
App. N The New 1999 IBA Rules 1101
App. O IBA Ethics for International Arbitrators 1107
App. P Model Clauses 1111
App. Q Uncitral 1115
App. R Arbitrator's Declaration of Acceptance and Statement of Independence 1131
Index 1133
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