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Request for Comments

This post is a little different… I am in the process of revising my treatise, International Commercial Arbitration (Kluwer 2009), and would like to solicit comments from readers of the Kluwer Arbitration Blog on various chapters of the book. I would be happy to send individual Chapters, in their revised form, to those interested in providing comments.

The treatise aspires to provide a comprehensive treatment of the law, practice, policies and theoretical foundations of international commercial arbitration. It focusses on international, rather than any particular national, authority and solutions, addressing in particular the New York Convention, UNCITRAL Model Law and national arbitration legislation in all leading jurisdictions and international arbitration practice. The treatise in divided into three principal Parts, covering International Arbitration Agreements, International Arbitral Proceedings and International Arbitral Awards.

The Chapter headings of the revised treatise will, as presently conceived, be the same as those in the existing edition:

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 the Separability Presumption
Chapter 4: Choice of Law Governing International Arbitration Agreements
Chapter 5: Formation, Validity and Legality of International Arbitration Agreements
Chapter 6: International Arbitration Agreements and Competence-Competence
Chapter 7: Effects and Enforcement of International Arbitration Agreements
Chapter 8: Interpretation of International Arbitration Agreements
Chapter 9: Parties to International Arbitration Agreements
Part II – International Arbitral Proceedings
Chapter 10: Legal Framework for International Arbitral Proceedings
Chapter 11: Selection, Challenge and Replacement of Arbitrators in International Arbitration
Chapter 12: Rights and Duties of International Arbitrators
Chapter 13: Selection of Arbitral Seat in International Arbitration
Chapter 14: Procedures in International Arbitration
Chapter 15: Disclosure in International Arbitration
Chapter 16: Provisional Measures in International Arbitration
Chapter 17: Consolidation, Joinder and Intervention in International Arbitration
Chapter 18: Choice of Substantive Law in International Arbitration
Chapter 19: Confidentiality in International Arbitration
Chapter 20: Legal Representation and Professional Conduct in International Arbitration
Part III – International Arbitral Awards
Chapter 21: Legal Framework for International Arbitral Awards
Chapter 22: Form and Contents of International Arbitral Awards
Chapter 23: Correction, Interpretation and Supplementation of International Arbitral Awards
Chapter 24: Annulment of International Arbitral Awards
Chapter 25: Recognition and Enforcement of International Arbitral Awards
Chapter 26: Preclusion, Lis Pendens and Stare Decisis in International Arbitration

As readers will see, there have been substantial revisions and expansions to a number of the Chapters. These revisions expand on analysis in the First Edition, adding additional conceptual discussions, authority and practical observations.

I am sure that I have missed (or misstated) developments in at least some areas, and would greatly appreciate corrections, additions and other comments from colleagues in the field. Of course, appropriate recognition will be afforded to those who take the time to provide comments – and many, many thanks in advance. Of course, if readers have friends or colleagues who may not see this post, they should feel free to forward the invitation.

Readers may request chapters or provide comments on the existing text of the First Edition by email to (the creatively-titled) bornbookcomments@wilmerhale.com Many thanks in advance.

Gary Born

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  • tunde

    Hello Mr. Born.
    I am wondering if your new edition will include a discussion of Sovereign Immunity from execution as it relates to international arbitral awards. Recent decisions like the F. G, Hemispheres case seem to bring sharply into focus the problems associated with this rather difficult area and I am hoping that readers like myself with more than a passing interest in this area will have the benefit of your insight.

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