Kluwer Arbitration

International Arbitration

The Third Edition of Gary Born’s 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:

  • Includes all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020.
  • It 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);

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

  • 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.).

  • 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.);

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

  • 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.

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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

"The Third Edition of International Commercial Arbitration aims to be the most authoritative commentary, on all aspects of the international commercial arbitration process, that can be provided. The treatise includes all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration, prior to June 2020. International Commercial Arbitration has been relied upon by courts and tribunals in all leading jurisdictions, and provides both comprehensive discussions of existing law and analysis of future directions in the field."

Gary Born
Partner and Chair International Arbitration Wilmer Cutler Pickering Hale and Dorr LLP

 

Born's International Arbitration Lectures

    Comprehensive, high quality lecture series on international arbitration providing detailed, up-to-date treatment of all legal and practical aspects of international arbitration:

    • International Commercial Arbitration
      • Arbitration Agreements
      • International Arbitral Procedures
      • International Arbitral Awards
    • Investment Arbitration
    • State-to-State Arbitration

27 Chapters: Foundation Course and Advanced Topics


Chapters divided into 20-30 minutes lectures

    • 2 to 20 lectures per Chapter
    • Each lecture is a high-quality video presentation with accompanying PowerPoint
    • Each Chapter includes recommended reading list and syllabus
    • Extensive discussion of all leading international arbitration treaties, legislation, judicial decisions and awards

 

Gary Born’s International Arbitration Lectures are 24/7 accessible from any device, to give you the opportunity to learn in your own time, at your own pace and at any location for only $10 (+VAT) per month. The series is developed by Wolters Kluwer. Watch the introductory video.

Part Title Level
Overview International Arbitration: Law and Practice Basic
Part I Introduction to International Arbitration Basic
Chapter 1 International Arbitration Agreements Watch now Basic
Chapter 2 Legal Framework for International Arbitration Agreements Basic
Chapter 3 Presumptive Validity of International Arbitration Agreements Basic
Chapter 4 Separability of International Arbitration Agreements Basic
Chapter 5 Competence-Competence in International Arbitration Basic
Chapter 6 Choice of Law Governing International Arbitration Agreements Basic
Chapter 7 Formation and Validity of International Arbitration Agreements Basic
Chapter 8 Non-Arbitrability Doctrine and International Arbitration Agreements Advanced
Chapter 9 Interpretation of International Arbitration Agreements Basic
Chapter 10 Non-Signatory Issues in International Arbitration Advanced
Part II International Arbitral Procedures Basic
Chapter 11 Legal Framework: International Arbitral Proceedings Basic
Chapter 12 Selection and Importance of Arbitral Seat Basic
Chapter 13 Selection and Removal of Arbitrators Basic
Chapter 14 International Arbitration Procedures Basic
Chapter 15 Evidence-Taking and Disclosure Advanced
Chapter 16 Confidentiality and Transparency Advanced
Chapter 17 Provisional Measures Advanced
Chapter 18 Multi-Party and Multi-Contract Issues Advanced
Chapter 19 Choice of Substantive Law Advanced
Chapter 20 Legal Representatives and Professional Responsibility Advanced
Part III International Arbitral Awards Basic
Chapter 21 Legal Framework: International Arbitral Awards Basic
Chapter 22 International Arbitral Awards: Formal Requirements, Time Limits and Relief Advanced
Chapter 23 Correction, Interpretation and Supplementation of International Arbitral Awards Advanced
Chapter 24 Annulment of International Arbitral Awards Basic
Chapter 25 Recognition and Enforcement of International Arbitral Awards Basic
Chapter 26 Investor-State Arbitration Basic
Chapter 27 State-to-State Arbitration Advanced

Born’s International Arbitration Lectures - FAQ


Are the Born’s International Arbitration Lectures included in a Kluwer Arbitration subscription?

  • No, the Lectures are a separate product, hosted on a different platform called VimeoOtt.

What is the coverage of Born’s International Arbitration Lectures?

  • The Lectures cover International Commercial Arbitration, Investment Arbitration, State-to-State Arbitration – Basic and Advanced level

How many videos are included in the Lectures and how long are they?

  • The Lectures include 238 videos, nearly 100 hours in total.
  • There are 27 chapters, each chapter contains multiple episodes/videos, each video is 20-30 minutes.

What is included in the subscription?

  • The subscription provides access to all videos (nearly 100 hours; 238 videos of 20-30 min each).
  • There are 27 chapters, each chapter contains multiple episodes/videos covering a specific topic, each video is 20-30 min.
  • Log-in with email ID and password.

Is it possible to receive a subscription based on IP access for a larger number of participants?

  • No, VimeoOtt only provides individual access for one user.

Payment & cancellation policy

  • Subscription price for the Lectures is $ 10 (plus applicable VAT) per month, payment is only possible in US Dollars.
  • Payment is required after 7 days of free trial.
  • Payment can only be done by credit card, a wide range of credit cards is accepted by VimeoOtt.
  • The subscription will automatically be renewed after one month.
  • Customers can cancel their subscription at any time on the purchases settings page in VimeoOtt . Access to the content will remain until the next billing cycle period. Upon cancellation, subscribers will have access until their next renewal date - at which point the access will be revoked.

Will I get the certificate or credit points after completing the Lectures?

  • Not at this moment, but we are investigating options to offer this in the future.

Is there reading material provided with the Lectures?

  • A ‘Syllabus’ PDF document that act as guide and overview is sent free of charge to new customers after their trial period has expired and payment has been received. This is sent by email on a monthly basis together with discount for two of the book titles that Gary Born lists as required reading.

Technical questions/issues

Testimonial

“In the field of international arbitration, the training of practitioners is particularly important to ensure that parties benefit from the flexibility intrinsic to the arbitral process, while navigating the confluence of national and international law. Gary Born’s innovative online course successfully addresses this need in an accessible format, to the benefit of students and lawyers from around the world, including those from underrepresented regions.”

Bruno Savoie, Journal of International Arbitration (2020)

“The Lectures are designed to introduce practitioners and students to basic issues of international arbitration – including international commercial, investment and state-to-state arbitration – in a convenient and user-friendly format. Each Lecture is roughly 20 minutes and provides an accessible discussion of the international arbitral process. More advanced topics, for experienced practitioners and academic users, are also addressed in follow-up Lectures.”

Gary Born
Partner and Chair International Arbitration Wilmer Cutler Pickering Hale and Dorr LLP

 

If you would like to learn more about our Kluwer Arbitration database or if you have any questions, please contact us:

  international-sales@wolterskluwer.com  |
    + 31 172 64 1562