...proceedings.”). [2] Gary Born & Mikhail Kalinin, A Fireside Chat With Gary Born: How to Become a Star in International Arbitration in Five (Easy?) Steps, and Is It Still Possible?,...
Search Results for : Gary Born
...appointment clause in a contract of adhesion is unconscionable. According to Gary Born, outside of the context of either consumer or employment-contracts, only arbitrator appointment mechanisms that are “manifestly inequitable”...
Unilateral Arbitrator Appointments in the US – A tussle between ...
Author: Gary B. Born and Adam Raviv* Published: May 2017 Jurisdiction: International Topics: Arbitral Process Arbitral Decisions National Institutions and Rules International Institutions and Rules Description: Countless arbitration agreements are...
Arbitration and the Rule of Law: Lessons from Limitations Period ...
...18 of the UNCITRAL Model Law.[17] Commentators, including Gary Born[18], Jeffery Waincymer[19] and Peter Sanders,[20] note, that a “party’s right to choose an expert of its choice is covered under...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...Born’s opinion of businesspersons not necessarily being aware of the implications of being bound by the laws of more than one jurisdiction in a single agreement.[17] While Born personally favors...
The Expanded Powers of UK Courts in London-Seated Arbitration Agreements: ...
...international arena. Many authors, such as Gary Born, have condemned the practice on grounds of undue interference in arbitral proceedings.[15] Kompetenz-kompetenz, a key principle of international arbitration, allows arbitral tribunals...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...representation in arbitration.”[15] This freedom to choose legal counsel is of the utmost importance to parties choosing an arbitration seat. In the words of Gary Born, “the quality and vigor...
Will the Recent Amendment to the Japanese Foreign Lawyers Act ...
...express in the text that parties could exclude or limit that power.[24] Sir Gary Born also confirms in his treatise on international commercial arbitration that it is for countries to...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...Eur. Competition L. & Prac. 185–200 (2011). [31] Gary B. Born, International Arbitration: Law and Practice 1517 (2021). [32] Id. at 1517, 1531. [33] Supra note 30. [34] Intel, 542...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...The author is grateful for the support and assistance provided by the London office of WilmerHale, including Gary Born, Dr. Maxi Scherer, Jeremie Kohn, Library and Information Services Manager Sally...
The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of ...
...Clauses: The Indian Picture, 2016 SCC OnLine Blog OpEd 3. [36] Gary Born and Marija Šcekic, ‘Pre-Arbitration Procedural Requirements: “A Dismal Swamp”’ in David D Caron et al (ed) Practising...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...clause makes a provision for the law applicable to the arbitration agreement. [14]For an analysis of the cases, see Gary Born, International Commercial Arbitration (Kluwer Law International 3) 644 (2021)....