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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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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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|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. R||Arbitrator's Declaration of Acceptance and Statement of Independence||1131|