Gary Born Research Articles

The Kluwer Arbitration CD-ROM: Resources in International Commercial Arbitration

The Kluwer Arbitration CD-ROM: Resources in International Commercial Arbitration by Kluwer Law International, with the assistance of Bette Shifman (Permanent Court of Arbitration, The Hague) as Special Advisor, and of an Advisory Board consisting of Stefano Azzali, Gary Born, Judy Freedberg, Dominique Hascher, Albert Jan Van Den Berg, and V.V. Veeder, QC (eds). Published by Kluwer Law International, The Hague-London-Boston. CD-ROM, updated 2 times annually. Subscription price US$1,625 (1 user), US$2,453 (2–5 users) or US$3,250 (6+ users). ISBN 90-411-1072-0. Not yet perfect, but so promising, the first-ever CD-ROM in the field of national and international commercial arbitration is on the market. Despite the existence of well-known compilations like the Yearbook Commercial Arbitration and periodicals such as Arbitration International the international arbitration field had, due mostly to the scattered multitude of its sources, never quite lost its aura of exclusivity, making research arduous and dependent on specialised law libraries and one's own networking abilities. Now, it begins to look like our computers may become one-stop shops for arbitration research. However, the appearance of this CD-ROM, precisely because it is such an important product, cannot remain without some critical observations accompanying applause and praise. First of all, the CD-ROM's infobase is impressive, but does not yet constitute a complete virtual arbitration library. Presently only some, albeit indeed very important, publications are included in the full text: ICCA's loose-leaf Handbook and its twenty-three Yearbooks, including Albert Jan van den Berg's Consolidated Commentary on the 1958 New York Convention ,1 Arbitration International, the Journal of International Arbitration, the Revue de l'Arbitrage (but only from 1996) as well as a bibliography and selected texts from the Documentation Centre of the Chamber of National and International Arbitration of Milan, Italy. The many other publications are only included in the form of entries in the extensive bibliographical section, and are not reproduced in full text. These resources must therefore still be tracked down and researched in the traditional way, if, that is, the researcher can find them at all within a reasonable time span. Surely the editors intend to expand the infobase in the near future, probably already starting with the first update. To name but one thing, the CD-ROM must be complete with regard to ICC arbitration and in that regard the full contents …

The Extraterritorial Application of National Laws edited by Dieter Lange and Gary Born

This publication constitutes the Report of a committee of the International Chamber of Commerce which was entrusted with the mandate of considering the effects upon the international business community of conflicts of jurisdiction between States and of exploring ways of reducing their adverse effects. The practical importance of this exercise was justified because the ‘effect of extraterritorial applications of national laws is to discourage productive economic activity, including international investment, and ultimately to reduce unemployment and economic growth.’ Some well-known examples of the extraterritorial application of national laws concern US antitrust laws, US unitary tax formulas and US export controls which forbid foreign companies from re-exporting technology to the Eastern bloc. The Report identifies eight areas where conflicts have arisen or potentially may arise: Competition Policy, Banking, Securities and Foreign Exchange Regulation, Trade Policy and Export Controls, Ocean Shipping, International Aviation, Taxation and Telecommunictions. Of these, Competition Policy, Banking Regulations...

The Extraterritorial Application of National Laws. Edited by Dieter Lange and Gary Born. Paris and New York: ICC Publishing S.A.; Deventer: Kluwer Law and Taxation Publishers, 1987. Pp. x, 57. Dfl.50; £16.95; $24.

The Extraterritorial Application of National Laws. Edited by Dieter Lange and Gary Born. Paris and New York: ICC Publishing S.A.; Deventer: Kluwer Law and Taxation Publishers, 1987. Pp. x, 57. Dfl.50; £16.95; $24.

International Civil Litigation in United States Courts: Commentary and Materials. By Gary Born with David Westin. Deventer, Antwerp, Boston: Kluwer Law and Taxation Publishers, 1989. Pp. xxv, 736. Dfl. 168.00; UK£54.00; US$75.00 (hardbound).

International Civil Litigation in United States Courts: Commentary and Materials. By Gary Born with David Westin. Deventer, Antwerp, Boston: Kluwer Law and Taxation Publishers, 1989. Pp. xxv, 736. Dfl. 168.00; UK£54.00; US$75.00 (hardbound).

The Extraterritorial Application of National Laws. Edited by Dieter Lange and Gary Born. Paris: ICC Pub.; Deventer: Kluwer Law and Taxation Publishers, 1987. Pp. x, 57. Dfl. 50.00; UK £16.95 US $24.00 (paperbound).

The Extraterritorial Application of National Laws. Edited by Dieter Lange and Gary Born. Paris: ICC Pub.; Deventer: Kluwer Law and Taxation Publishers, 1987. Pp. x, 57. Dfl. 50.00; UK £16.95 US $24.00 (paperbound).