Gary Born
Encyclopedia
Gary B. Born is an international lawyer and academic. He is chair of the International Arbitration
and International litigation
practices at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP and the author of a number of commentaries, casebooks and other works on international arbitration
and litigation.
in 1978 and a J.D., summa cum laude from the University of Pennsylvania Law School
in 1981.
Born served as a law clerk to the Hon. Henry J. Friendly, US Court of Appeals for the Second Circuit (1981–1982) and the Hon. William H. Rehnquist, US Supreme Court (1982–1983). Born has practiced with Wilmer Cutler Pickering Hale and Dorr LLP in London for the past two decades and has taught international dispute resolution at law schools in Europe, the United States and Asia.
Born’s treatise on International Commercial Arbitration is cited as the standard text in the field of international arbitration. International Commercial Arbitration provides a comprehensive treatment of the subject of international commercial arbitration and proposes innovative theories regarding the global legal regime for international arbitration and the constitutional status of the 1958 New York Convention (United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards). The work is divided into three main parts, covering international arbitration agreements, international arbitral proceedings and international arbitral awards.
Commentators debate the significance of International Commercial Arbitration for the evolution of the field of international dispute resolution. Some commentators conclude that the work reflects international commercial arbitration’s existing status as a developed legal system:
Other authorities see Born’s work as instead providing foundations for the development of a legal regime for international arbitration in the future:
Born’s International Commercial Arbitration has frequently been cited by courts in developed jurisdictions.
Born has also written extensively on international litigation. His commentary and materials on International Civil Litigation in United States Courts is in its fourth edition. The work is a standard reference work on international litigation and is credited with having created the field in the United States: “[w]hen the first edition appeared, it broke new ground...[It was the] first case book on transnational litigation in the United States, and the first reference work in this area with its level of analytical depth and breadth of coverage.” International Civil Litigation is frequently relied upon by US judicial decisions, including the US Supreme Court and various Courts of Appeals.
Born has also authored casebooks on international arbitration (including International Arbitration: Cases and Materials (Aspen 2010) and International Commercial Arbitration: Commentary and Materials (Kluwer 2001)) and works on international dispute resolution (including International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 3rd ed. 2010)).
Born's treatise International Commercial Arbitration was awarded the American Society of International Law's Certificate of Merit for 2010 and was voted the 2009 "Book of the Year" by the Oil-Gas-Energy-Mining-Infrastructure Dispute Management (OGEMID) network. Born previously received the OGEMID "Book of the Year" award in 2009 for his International Arbitration and Forum Selection Agreements: Drafting and Enforcing
Born has represented a diversity of clients. According to press reports, Born has represented multinational corporate groups in a number of major international commercial and other arbitrations during the past decade. These included disputes involving Deutsche Telekom and Vivendi and France Telecom, Repsol and Atlantic LNG 2/3, Shell Petroleum, and others.
Born acted as lead counsel in the Abyei Arbitration, conducted under the auspices of the Permanent Court of Arbitration
in the Hague at the Peace Palace. He represented the Sudan Peoples Liberation Movement/Army (“SPLM/A”) in the arbitration, implementing the 2005 Comprehensive Peace Agreement, between the Government of Sudan and SPLM/A. The Abyei Arbitration took a revolutionary approach to transparency in public international law arbitrations, with the oral hearings being open to the public and web-cast live around the world. Born’s closing submissions in the Arbitration and the Tribunal Award can be viewed on the PCA’s website.
Born represented the State of Eritrea against Yemen in an arbitration under PCA auspices concerning territorial sovereignty over a number of islands in the Red Sea. Born also represented Greenpeace in an historic arbitration against the Republic of France, concerning the Rainbow Warrior incident. The arbitration concluded with an award of damages in favor of Greenpeace.
Born has sat frequently as arbitrator in institutional and ad hoc arbitrations, including both international commercial and investment arbitrations. Born was a member of the arbitral tribunal in Biwater Gauff v. Republic of Tanzania, which issued an order setting forth guidelines on transparency and confidentiality in investor-state arbitrations.
, Stanford Law School
, St. Gallen University, National University of Singapore
, University of Peking, Georgetown University Law Center
, University of Virginia School of Law
and elsewhere.
He is a member of the American Law Institute
and has served on the Executive Council of the American Society of International Law
, and as co-chair of the ABA International Section, Committee on International Aspects of Litigation. He also is a member of the Advisory Committee for the ALI’s Restatement of International Commercial Arbitration, the Board of Trustees of the British Institute of International and Comparative Law and the Academic Council of the Institute for Transnational Arbitration.
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
and International litigation
International litigation
International litigation is the practice of litigation in connection with disputes among businesses or individuals residing or based in different countries....
practices at the international law firm Wilmer Cutler Pickering Hale and Dorr LLP and the author of a number of commentaries, casebooks and other works on international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
and litigation.
Early life
Born attended primary schools in France and Germany and completed his secondary education in the US. He received a bachelor's degree summa cum laude from Haverford CollegeHaverford College
Haverford College is a private, coeducational liberal arts college located in Haverford, Pennsylvania, United States, a suburb of Philadelphia...
in 1978 and a J.D., summa cum laude from the University of Pennsylvania Law School
University of Pennsylvania Law School
The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report,...
in 1981.
Born served as a law clerk to the Hon. Henry J. Friendly, US Court of Appeals for the Second Circuit (1981–1982) and the Hon. William H. Rehnquist, US Supreme Court (1982–1983). Born has practiced with Wilmer Cutler Pickering Hale and Dorr LLP in London for the past two decades and has taught international dispute resolution at law schools in Europe, the United States and Asia.
Academic Influence on International Dispute Resolution
Born has published numerous works in the fields of both international arbitration and international litigation. These works have contributed to the development of both fields as independent fields of legal study and practice.Born’s treatise on International Commercial Arbitration is cited as the standard text in the field of international arbitration. International Commercial Arbitration provides a comprehensive treatment of the subject of international commercial arbitration and proposes innovative theories regarding the global legal regime for international arbitration and the constitutional status of the 1958 New York Convention (United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards). The work is divided into three main parts, covering international arbitration agreements, international arbitral proceedings and international arbitral awards.
Commentators debate the significance of International Commercial Arbitration for the evolution of the field of international dispute resolution. Some commentators conclude that the work reflects international commercial arbitration’s existing status as a developed legal system:
Other authorities see Born’s work as instead providing foundations for the development of a legal regime for international arbitration in the future:
Born’s International Commercial Arbitration has frequently been cited by courts in developed jurisdictions.
Born has also written extensively on international litigation. His commentary and materials on International Civil Litigation in United States Courts is in its fourth edition. The work is a standard reference work on international litigation and is credited with having created the field in the United States: “[w]hen the first edition appeared, it broke new ground...[It was the] first case book on transnational litigation in the United States, and the first reference work in this area with its level of analytical depth and breadth of coverage.” International Civil Litigation is frequently relied upon by US judicial decisions, including the US Supreme Court and various Courts of Appeals.
Born has also authored casebooks on international arbitration (including International Arbitration: Cases and Materials (Aspen 2010) and International Commercial Arbitration: Commentary and Materials (Kluwer 2001)) and works on international dispute resolution (including International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 3rd ed. 2010)).
Born's treatise International Commercial Arbitration was awarded the American Society of International Law's Certificate of Merit for 2010 and was voted the 2009 "Book of the Year" by the Oil-Gas-Energy-Mining-Infrastructure Dispute Management (OGEMID) network. Born previously received the OGEMID "Book of the Year" award in 2009 for his International Arbitration and Forum Selection Agreements: Drafting and Enforcing
Representations
Born is a respected advocate in the fields of international arbitration, international litigation and public international law. He has participated in more than 550 international arbitrations, including several of the largest institutional and ad hoc arbitrations in recent decades (see below). In 2006, Born was chosen by his peers as the "World's Best International Litigator" in a survey by Legal Media Group. In 2011, Born was the recipient of the inaugural "Advocate of the Year" award by the Global Arbitration Review.Born has represented a diversity of clients. According to press reports, Born has represented multinational corporate groups in a number of major international commercial and other arbitrations during the past decade. These included disputes involving Deutsche Telekom and Vivendi and France Telecom, Repsol and Atlantic LNG 2/3, Shell Petroleum, and others.
Born acted as lead counsel in the Abyei Arbitration, conducted under the auspices of the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
in the Hague at the Peace Palace. He represented the Sudan Peoples Liberation Movement/Army (“SPLM/A”) in the arbitration, implementing the 2005 Comprehensive Peace Agreement, between the Government of Sudan and SPLM/A. The Abyei Arbitration took a revolutionary approach to transparency in public international law arbitrations, with the oral hearings being open to the public and web-cast live around the world. Born’s closing submissions in the Arbitration and the Tribunal Award can be viewed on the PCA’s website.
Born represented the State of Eritrea against Yemen in an arbitration under PCA auspices concerning territorial sovereignty over a number of islands in the Red Sea. Born also represented Greenpeace in an historic arbitration against the Republic of France, concerning the Rainbow Warrior incident. The arbitration concluded with an award of damages in favor of Greenpeace.
Born has sat frequently as arbitrator in institutional and ad hoc arbitrations, including both international commercial and investment arbitrations. Born was a member of the arbitral tribunal in Biwater Gauff v. Republic of Tanzania, which issued an order setting forth guidelines on transparency and confidentiality in investor-state arbitrations.
Professional and Academic Activities
Born has taught courses on international arbitration, international litigation or public international law at Harvard Law SchoolHarvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
, St. Gallen University, National University of Singapore
National University of Singapore
The National University of Singapore is Singapore's oldest university. It is the largest university in the country in terms of student enrollment and curriculum offered....
, University of Peking, Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
and elsewhere.
He is a member of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
and has served on the Executive Council of the American Society of International Law
American Society of International Law
The American Society of International Law is a nonprofit, nonpartisan, educational membership organization, based in Washington, D.C.. It was founded in 1906, and was chartered by the United States Congress in 1950...
, and as co-chair of the ABA International Section, Committee on International Aspects of Litigation. He also is a member of the Advisory Committee for the ALI’s Restatement of International Commercial Arbitration, the Board of Trustees of the British Institute of International and Comparative Law and the Academic Council of the Institute for Transnational Arbitration.
Books
- International Arbitration: Cases and Materials (Aspen 2010)
- International Commercial Arbitration (2009) (Kluwer)
- International Commercial Arbitration: Commentary and Materials (Kluwer 2d ed. 2001) (Kluwer 1st ed. 1996)
- International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing (Kluwer 3d ed. 2010) (Kluwer 2d ed. 2006) (Kluwer 1st ed. 1999)
- International Civil Litigation in United States Courts (Aspen 5th ed. 2011) (4th ed. 2006) (with Bo Rutledge) (3d ed. 1996) (2d ed.1992) (1st ed. 1989)
- The Extraterritorial Application of National Laws (1987) (with D. Lange)
Principal Articles
- A New Generation of International Adjudication, 61 Duke L.J. (2011)
- Confidentiality and Transparency in Commercial and Investor-State International Arbitration in The Future of Investment Arbitration (2009) (C. Rogers & R. Alford, eds)
- Keynote Address: Arbitration and the Freedom to Associate, 38 Ga. J. Int’l & Comp. L. 7 (2009)
- The Principle of Judicial Non-Interference in International Arbitral Proceedings, 30 U. Pa. J. Int’l L. 999 (2009)
- Towards A Uniform Standard of Validity of International Arbitration Agreements under the New York Convention, in Grenzueberschreitungen: Beitraege zum Internationalen Verfahrensrecht und zur Schiedsgerichtbarkeit—Festschrift fuer Peter Schlosser zum 70. Geburtstag (2005)
- Planning for International Dispute Resolution, 17 J. Int’l Arb. 61 (2000)
- Critical Observations on the Draft Transnational Rules of Civil Procedure, 33 Tex. J. Int’l L.J. 387 (1998)
- The Hague Evidence Convention Revisited: Reflections on its Role in U.S. Civil Procedure, 57 Law & Contemp. Probs. 77 (1994)
- The Effect of the Revised Federal Rules of Civil Procedure on Personal Jurisdiction, Service, and Discovery in International Cases, 150 F.R.D. 221 (1993)
- A Reappraisal of the Extraterritorial Reach of U.S. Law, 24 Law & Pol’y Int’l Bus. 1 (1992)
- Comity and the Lower Courts: Post-Aerospatiale Applications of the Hague Evidence Convention, 24 Int’l Law. 393 (1990)
- Applying the Aerospatiale Decision to State Court Proceedings, 26 Colum. J. Trans. L. 297 (1988)
- Judicial Jurisdiction in International Cases, 17 Ga. J. Comp. & Int’l L. 1 (1987)
- Recent British Responses to the Extraterritorial Application of United States Law, 26 Va. J. Int’l L. 91 (1985)