Gary B. Born needs no introduction in relation to either the academic or the practical dimensions of international arbitration. His outstanding treatises in the field have always been written in a very clear and precise manner. This is also the case with his book titled International Arbitration: Law and Practice (2nd ed.). In addition to the clarity and precision of his writing, what is particularly commendable in this book is his conciseness in providing what he humbly calls “an introduction to international arbitration” (p. xxvii). Academics and practitioners will likely find that the book exceeds its aim. It primarily addresses international commercial arbitration, and also considers international investment arbitration and state-to-state arbitration for comparative and illustrative purposes.
Systematically and comprehensively presented in chronological order, the book is divided into three parts. Preceded by an introduction (Chapter 1) explaining what arbitration is, why it is used, and how it works, Part I (Chapters 2 to 5) is dedicated to international arbitration agreements. It presents their legal framework, formation and validity, interpretation, and effects on non-signatories. Part II (Chapters 6 to 14) explains international arbitral proceedings. It focuses on their legal framework, selection and removal of arbitrators, procedural issues, disclosure and evidence taking, confidentiality and transparency, provisional measures, multiparty and multi-contract issues, choice of substantive law, and legal representatives and professional responsibility. Part III (Chapters 15 to 17) explains the legal framework for international arbitral awards, annulment, and recognition and enforcement thereof.
Chapter 18 is concerned with investor-state and state-to-state arbitrations. In this chapter, the last piece in the jigsaw is to be found. Born uses the United Nations Convention on the Recognition and Enforcement of Foreign Awards and the United Nations Commission on International Trade Law’s Model Law on International Commercial Arbitration as the basis for discussion of international commercial arbitration throughout the book. Consequently, Born’s overview of investment and state-to-state arbitrations based on a different set of treaties, such as bilateral investment treaties and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, allows readers to understand, compare, and contrast the three major types of international arbitration in their entirety. This chapter is a valuable supplement to the rest of the volume.
Practice without theories is thoughtless. And theories without practice are lifeless. Thus, Born’s combination of both theories and practice gives life to the book. Besides the plain language used, the use of charts, tables, graphs, and flowcharts also enhance the book’s readability and understandability. Succinctly put, this book is a must-read for professors, students, and practitioners, along with Redfern & Hunter on International Arbitration Footnote 1 and The Principles and Practice of International Commercial Arbitration.Footnote 2 It will help prepare readers to play effective roles in the decision-making process of international arbitration.
