Soft Law In International Commercial Arbitration

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"Soft Law" in International Commercial Arbitration

Author : Felix Dasser
Publisher : BRILL
ISBN 13 : 9004462902
Total Pages : 300 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis "Soft Law" in International Commercial Arbitration by : Felix Dasser

Download or read book "Soft Law" in International Commercial Arbitration written by Felix Dasser and published by BRILL. This book was released on 2021-05-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course follows the development of the so-called “soft law” from its origins in public international law to commercial arbitration, where it is used today as a label for various instruments and phenomena, covering both procedural aspects and the applicable substantive law: model laws, arbitration rules, guidelines, the UNIDROIT Principles, the lex mercatoria, and others. It presents three particularly well-known sets of guidelines by the International Bar Association and discusses the pros and cons of “soft law” instruments and their potential normativity. The analysis suggests that “soft law” instruments are typically less well recognised in practice than is generally assumed. The author explains what such instruments can achieve and what minimum requirements they have to fulfil to at least aspire to some legitimacy. He argues ultimately that “soft law” instruments can be very useful tools, but they do not carry any normativity.

Soft Law in International Arbitration

Author : Lawrence W. Newman
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518434
Total Pages : 20 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Soft Law in International Arbitration by : Lawrence W. Newman

Download or read book Soft Law in International Arbitration written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2014-04-01 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "In recent years, a growing body of provisions called "protocols," "guidelines," "checklists" or even "rules" has emerged in international arbitration. Unlike national or international law, or institutional arbitral rules, these provisions are not "mandatory" for arbitration participants. They range from provisions that can be incorporated into the parties' agreement to arbitrate to suggestions as to the best practices that arbitrators and other arbitration participants may choose to follow. These materials are often collectively referred to as "soft law." Soft Law in International Arbitration provides a guide to what the editors consider to be the most useful of such materials. The book organizes these materials into five categories, each introduced with commentary by a prominent member of the international arbitration community. Thus, the eighteen documents contained in this book can be regarded as helping to fill in the spaces that substantive law and arbitration rules have intentionally left blank. Soft Law in International Arbitration is an indispensable commentary for practitioners and academics alike."

Forming Transnational Dispute Settlement Norms

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1789907179
Total Pages : 288 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Forming Transnational Dispute Settlement Norms by : Shahla F. Ali

Download or read book Forming Transnational Dispute Settlement Norms written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

International Arbitration and Private International Law

Author : George A. Bermann
Publisher : BRILL
ISBN 13 : 9004348271
Total Pages : 648 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Arbitration and Private International Law by : George A. Bermann

Download or read book International Arbitration and Private International Law written by George A. Bermann and published by BRILL. This book was released on 2017-05-15 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.

International Commercial Arbitration and the Brussels I Regulation

Author : Louise Hauberg Wilhelmsen
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115058
Total Pages : 288 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis International Commercial Arbitration and the Brussels I Regulation by : Louise Hauberg Wilhelmsen

Download or read book International Commercial Arbitration and the Brussels I Regulation written by Louise Hauberg Wilhelmsen and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.

UNIDROIT Principles of International Commercial Contracts. An Article-by-Article Commentary

Author : Eckart Brödermann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503475
Total Pages : 953 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis UNIDROIT Principles of International Commercial Contracts. An Article-by-Article Commentary by : Eckart Brödermann

Download or read book UNIDROIT Principles of International Commercial Contracts. An Article-by-Article Commentary written by Eckart Brödermann and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unidroit Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts: They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts They contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common law They have been referenced in hundreds of decisions of arbitral tribunals or national state courts They have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries. Thirty years after their first publication, it is arguably malpractice to ignore them. In this fully revised and enlarged 2nd edition, the commentary continues to analyse the Unidroit Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the Unidroit Principles’ clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material. The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the Unidroit Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the Unidroit Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting. Die Unidroit Principles of International Commercial Contracts sind das ideale Instrument für grenzüberschreitende Verträge: sie bilden ein neutrales, pragmatisches und wirtschaftsorientiertes Regime für grenzüberschreitende Verträge sie enthalten zahlreiche praxisnahe Lösungen für übliche Vertragsfragen und versöhnen dabei Civil Law und Common Law Unidroit Principles werden in zahlreichen Entscheidungen von Schiedsgerichten oder nationalen Gerichten zitiert u.a. befürwortet von der Kommission der Vereinten Nationen für internationales Handelsrecht (zuletzt 2021) und der Union Internationale des Avocats (2020), die über ihre Anwaltskammern und Einzelmitglieder rund zwei Millionen Anwälte in mehr als 110 Ländern vereinen. Nach dreißig Jahren Anwendung in der Praxis kann es sich rächen, die Unidroit Principles zu ignorieren! Die vollständig überarbeiteten und erweiterte 2. Auflage des Kommentars analysiert weiterhin die Unidroit Principles, Artikel für Artikel, aus Sicht des Praktikers. Alternative Handlungsmöglichkeiten werden dort erörtert, wo sie sinnvoll und anwendbar sind. Der Kommentar enthält Vorschläge für die Wahl der Klauseln der Unidroit Principles und praktische Anleitungen für deren Verwendung, auch als Vorlage oder zur Ergänzung des CISG oder des nationalen Rechts. Neben Schiedsgerichts- und staatlichen Gerichtsentscheidungen sowie aktueller Literatur enthält die 2. Auflage eine eingehende Analyse des umfangreichen Gesetzesmaterials. Als deutscher Praktiker mit internationaler Ausbildung ist der Autor mit dem Common Law und dem Civil Law bestens vertraut. Er ist als Rechtsanwalt in New York zugelassen und lehrt als Professor für Rechtswissenschaften an der Universität Hamburg. Der Autor wendet die Unidroit Principles seit 20 Jahren in seiner täglichen Handels- und Schiedsgerichtspraxis an. Aufgrund zahlreicher Berichterstattung aus der Praxis bietet der Kommentar zugleich ein Handbuch und Checklisten zum allgemeinen Schuldrecht in grenzübergreifenden Fällen.

International Investment Law and Soft Law

Author : Andrea K. Bjorklund
Publisher : Edward Elgar Publishing
ISBN 13 : 178100322X
Total Pages : 345 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Investment Law and Soft Law by : Andrea K. Bjorklund

Download or read book International Investment Law and Soft Law written by Andrea K. Bjorklund and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

Due Process in International Commercial Arbitration

Author : Matti Kurkela
Publisher : Oxford University Press, USA
ISBN 13 : 0195377133
Total Pages : 582 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Due Process in International Commercial Arbitration by : Matti Kurkela

Download or read book Due Process in International Commercial Arbitration written by Matti Kurkela and published by Oxford University Press, USA. This book was released on 2010 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2005.

International Arbitration: Law and Practice in Switzerland

Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0199679754
Total Pages : 691 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.

Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law

Author : Agnessa O. Inshakova
Publisher : IAP
ISBN 13 : 1641139897
Total Pages : 333 pages
Book Rating : 4.6/5 (411 download)

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Book Synopsis Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law by : Agnessa O. Inshakova

Download or read book Alternative Methods of Judging Economic Conflicts in the National Positive and Soft Law written by Agnessa O. Inshakova and published by IAP. This book was released on 2020-03-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph explores general provisions, theoretical economic and legal bases and all practical tools for alternative methods of judging economic conflicts. The dynamics of modern business at the new stage of economic development in the 21st century is accompanied by the emergence of various kinds of economic conflicts between business entities, and this is the reason for the need to resolve them. Inclusion of a number of alternative methods in the Russian legislation and economic practice is very actual and occurs with the perception of the positive experience of foreign countries. These methods of judging economic conflicts penetrated the Russian business environment in the process of interaction between subjects of the Russian business community with foreign investors and businessmen. A new scientific result is the classification developed by the authors of methods for judging economic conflicts. Classification is based on the principle of dichotomy, based on the criterion of legislative fixation of methods for judging economic conflicts, and forms two "branches". The first branch - methods of judging economic conflicts, regulated by a positive law: mediation, arbitration court, international commercial arbitration, claim procedure. The second branch is non-jurisdictional methods, regulated by soft law: "med-arb", "mini court", judge "for hire", financial ombudsman, discussion. This classification predetermined the need for a consistent examination of the nature of each type of alternative methods of judging economic conflicts, based on its attribution to a specific group of jurisdictional and alternative mechanisms.

Modern Law of International Trade

Author : Ajendra Srivastava
Publisher : Springer Nature
ISBN 13 : 9811554757
Total Pages : 334 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Modern Law of International Trade by : Ajendra Srivastava

Download or read book Modern Law of International Trade written by Ajendra Srivastava and published by Springer Nature. This book was released on 2020-08-31 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions—India and England—in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

International Commercial Contracts

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 113995234X
Total Pages : 347 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis International Commercial Contracts by : Giuditta Cordero-Moss

Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2014-05-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?

International Arbitration and International Commercial Law

Author : Stefan Kröll
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113767X
Total Pages : 882 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Arbitration and International Commercial Law by : Stefan Kröll

Download or read book International Arbitration and International Commercial Law written by Stefan Kröll and published by Kluwer Law International B.V.. This book was released on 2011-04-26 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues – among them quite a few of the best-known arbitrators and arbitration academics in the world – present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric’s Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

The Principles and Practice of International Commercial Arbitration

Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 9781009444736
Total Pages : 0 pages
Book Rating : 4.4/5 (447 download)

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Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2024-02-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.

International Commercial Arbitration

Author : Stephan Balthasar
Publisher :
ISBN 13 : 9781509948710
Total Pages : 915 pages
Book Rating : 4.9/5 (487 download)

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Book Synopsis International Commercial Arbitration by : Stephan Balthasar

Download or read book International Commercial Arbitration written by Stephan Balthasar and published by . This book was released on 2021 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transnational Commercial Law

Author : Roy Goode
Publisher : OUP Oxford
ISBN 13 : 0191632392
Total Pages : 1810 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Transnational Commercial Law by : Roy Goode

Download or read book Transnational Commercial Law written by Roy Goode and published by OUP Oxford. This book was released on 2012-03-29 with total page 1810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.

International Arbitration: Law and Practice

Author : Gary B. Born
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532548
Total Pages : 627 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration: Law and Practice by : Gary B. Born

Download or read book International Arbitration: Law and Practice written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).