International Arbitration: Cases and Materials 3rd Edition By Gary B. Born
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International Arbitration: Cases and Materials 3rd Edition By Gary B. Born

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1,097
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13.76 MB
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Digital PDF
Course
Law
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eBook[PDF]
About this ebook
International Arbitration: Cases and Materials" (3rd Edition) by Gary B. Born provides a comprehensive, chronological analysis of the legal framework, doctrines, and practice of international dispute resolution. [1, 2]
The casebook is split into three primary parts: [1, 2]
1. International Arbitration Agreements
  • Legal Framework: Analysis of the New York Convention, Inter-American Convention, and national laws like the U.S. Federal Arbitration Act (FAA).
  • Formation and Validity: Detailed coverage of offer and acceptance, formal writing requirements, and challenges to enforceability.
  • Separability Doctrine: The legal autonomy of the arbitration clause from the underlying main contract.
  • Competence-Competence: The power of an arbitral tribunal to rule on its own jurisdiction.
  • Choice of Law and Seat: The strategic selection and legal consequences of the arbitral seat and governing law. [1, 2, 3]
2. International Arbitral Proceedings
  • Selection and Challenge of Arbitrators: Rules governing the appointment, independence, neutrality, and disqualification of tribunal members.
  • Procedural Framework: Examination of institutional frameworks including the ICC, LCIA, SIAC, AAA, and UNCITRAL Rules.
  • Evidence and Hearings: Disclosure rules, evidentiary procedures, and presentation of the case.
  • Counsel Ethics: Professional conduct rules and adherence to the IBA Guidelines on Party Representation.
  • Provisional Remedies: The authority of courts and tribunals to grant interim measures or emergency relief. [1, 2, 3, 4]
3. International Arbitral Awards
  • Legal Character of Awards: The format, drafting, and regulatory requirements of a final award.
  • Annulling Awards: The grounds and procedures for setting aside or vacating an award at the seat of arbitration.
  • Recognition and Enforcement: Detailed mechanics of executing awards globally under the New York Convention.
  • Investor-State & State-to-State Dispute Resolution: Comparative exploration of investment arbitration using the ICSID Convention alongside state-level dispute comparisons. [1, 2, 3]

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Topics

Choice of Law and Seat: The strategic selection and legal consequences Competence-Competence: The power of an arbitral tribunal to rule on its own jurisdiction Counsel Ethics: Professional conduct rules Evidence and Hearings: Disclosure rules evidentiary procedures Formation and Validity: Detailed coverage of offer and acceptance IBA Guidelines on Party Representation. Inter-American Convention International Arbitral Awards International Arbitral Proceedings International Arbitration International Arbitration Agreements Investor-State & State-to-State Dispute Resolution ISBN-13: 978-1454875642 ISBN-13: 978-1543804249 ISBN-13: 978-1543845921 Legal Character of Awards Legal Framework: Analysis of the New York Convention Procedural Framework: Examination of institutional frameworks Selection and Challenge of Arbitrators Separability Doctrine: The legal autonomy of the arbitration clause U.S. Federal Arbitration Act (FAA).
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