Judge Charles N. Brower has combined extensive practice at the bar with distinguished public service. He has served for forty years as a judge of the Iran-United States Claims Tribunal in The Hague (‘IUSCT’), sat as judge ad hoc on the Inter-American Court of Human Rights, and is the most-appointed American judge ad hoc of…
Released in 2017 in their 4th edition 2016, the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”) provide an ingenious tool for cross-border contract drafting and dispute resolution on neutral ground. This is particularly so if the choice is combined with an arbitration clause, because, pursuant to many arbitration laws, “[t]he arbitral tribunal shall decide…
Since 30 years, international arbitration of business disputes continues to increase. It has become the primary form, some say “the natural way”, of settling commercial disputes between companies or individuals from different countries. As international arbitration becomes more popular and wide-spread it has also become more sophisticated, developing its own procedures and documents. The steady…
The recently published ‘Unfinished Business’ by Anne-Marie Slaughter challenges paradigms in relation to working life and looks at what could and should still be done to improve our workplaces. As a former lawyer in private practice, Slaughter went on to build a career as a law professor before becoming Director of Policy Planning to Secretary…
By: Kiran N. Gore and Alexandros Diplas The Blog recently featured a book review of the recently published Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, edited by Professor Chiara Giorgetti of University of Richmond Law School. This review was a timely follow up to the December 10, 2015 book launch…
Challenges of arbitrators seem to have become increasingly common in international investment arbitral proceedings, yet they also seem to be seldom successful. Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, a new edited volume by Chiara Giorgetti, analyses arbitrators and judges’ challenges and addresses some fundamental, related questions: What does the…
I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide. International investment arbitration is increasingly complex and specialized, and this book seeks to guide new and experienced practitioners through the workings and details of international investment arbitration proceedings –…
In recent years, Oxford University Press has devoted considerable effort to enhancing its transnational law list. In doing so, it has added several titles addressing international arbitration and investor-State topics. Among its more recent offerings is Commentaries on Selected Model Investment Treaties (hereinafter “Commentaries”) edited by Dr. Chester Brown. Commentaries is substantial. It comprises 895…
For arbitration geeks, the beach is a challenge – How can you indulge your passion for international arbitration, without (further) outing yourself as a work-alcoholic without a life? I probably can’t help you much, in that category, but one possibility, with two sub-parts, comes to mind. Arbitration history lets you stay focussed on your one…
Gary Born’s latest addition to the international arbitration literature, International Arbitration: Law and Practice, is a nice bookend to his magisterial two-volume work on the same subject. Rather than simply condense his 3,000 page tome into a 500-page summary, he has done something completely different: offer a concise, ready-reference, black-letter guide to international arbitration. The…
Winter holidays invite fun reading, including good professional reading, that most of the rest of the year forbids. Not exactly beach reads, but the same idea. And, this year, readers from the United States with interests in international arbitration, had their choice among a host of new offerings. Three warrant special mention. First, Professor Bo…
Gary Born has just published a great new casebook that is certain to become a standard text for international arbitration courses around the world. Everyone knows Born’s multi-volume treatise, which is invaluable as a reference tool, but hardly appropriate for the classroom. Now we have both, a great casebook to introduce the material to students…
We’ve been asked by Kluwer to say a few words about our new book, International Arbitration and Mediation: A Practical Guide. Before explaining what we tried to accomplish, it may be worth noting what we did not set out to do, which was to write a learned treatise about international arbitration (or mediation). For that,…
Professor Roger Alford’s recent posting, “The Arbitrator as Diplomat”, discusses the role of “diplomatic arbitration,” a concept with a long historical pedigree. Some of that history (and much more) is contained in the late Professor Douglas M. Johnston’s posthumous opus, The Historical Foundations of World Order: The Tower and the Arena (2008). The book was…
Gary Born’s magisterial new work International Commercial Arbitration, published in two volumes this year by Kluwer, represents, in the range and depth of its coverage, and in the rigour and perception of its analysis, the most complete exposition of the law of international commercial arbitration ever available. Yet perhaps the most remarkable thing about this…
Part III of Born’s treatise concerns International Arbitral Awards. He initially points out that some 90% of international arbitral awards are voluntarily complied with. “This reflects the parties’ contractual undertakings to arbitrate and to comply with the resulting arbitral award, the efficacy of the arbitral process (which leaves the parties believing that their dispute has…
This excellent treatise provides an in-depth analysis of virtually every aspect of international commercial arbitration. The book offers a comparative approach to arbitration examining the provisions of different nationals, arbitration rules and international conventions. The present review is focused on chapters 11 and 12, which explore and explain respectively: (i) the selection, challenge and replacement…
Kluwer Arbitration Blog is pleased to announce a book discussion of Gary Born’s new book International Commercial Arbitration, which undoubtedly is one of the most important international arbitration books published in recent years. Over the course of the next two weeks we will have contributions from renowned leaders in the field of international arbitration: Judge…
