Agora: International Commercial Arbitration by Gary Born

Abstract

Extensive research has been undertaken on the practical application of arbitration nationally and internationally. While many commentaries and textbooks are to be qualified as adopting a ‘how-to’ approach, there is a growing body of scientific literature on arbitration. On an international level, Gary Born's International Commercial Arbitration is an extraordinary combination of both practical experience and academic analysis. In his introduction, Born writes that he ‘aspires to provide a comprehensive description and analysis of the contemporary constitutional structure, law, practice and policy of international commercial arbitration’, and that he ‘also endeavours to identify prescriptive solutions for the conceptual and practical challenges that confront the international arbitral process’. These aspirations may sound Herculean and even unrealistic at first sight. Not to those who read Born's International Commercial Arbitration . In the opinion of this reviewer, there can be no doubt that Born has reached his goals, and partially even gone beyond. As Born emphasises from the outset, the focus of his book is on international standards and practices, rather than a single national legal system. Yet, international standards have not developed out of the blue, but have been based on converging legislation and practices in important arbitration centres such as the United States, Singapore, Hong Kong, England, France and Switzerland. Legislatures and courts in contracting states around the world have looked to and relied upon one another's decisions and have formulated and progressively refined legal frameworks of national law to ensure the effective enforcement of international arbitration agreements and awards. A central theme of International Commercial Arbitration is that the New York Convention and other international instruments establish a constitutional framework for the conduct of international commercial arbitration around the world. While parties and arbitral tribunals enjoy substantial autonomy in the conduct of international arbitrations, the Convention imposes important limits on …