People

Gary Born

Partner

Chair, International Arbitration Practice Group

Born, Gary

Gary Born is the chair of the International Arbitration Practice Group. Mr. Born is widely regarded as the world's preeminent authority on international commercial arbitration and international litigation. He has been ranked for the past 20 years as one of the world's leading international arbitration practitioners and the leading arbitration practitioner in London.

Practice

Mr. Born has participated in more than 600 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Mr. Born is uniformly ranked by Euromoney, Chambers, Legal 500 and Global Counsel as one of the leading practitioners in the field. He is one of only two lawyers in the world, and the only lawyer in London, to receive global "starred" status in Chambers rankings for international arbitration. 

Mr. Born was selected by leading international arbitrators and peer practitioners to receive the Global Arbitration Review’s inaugural "Advocate of the Year" award for 2010. To read Global Arbitration Review's interview with Mr. Born, please click here. He was also chosen by his peers as the "World's Best International Litigator" in a recent survey by Legal Media Group. He is described by competitors and clients in Chambers and other publications as "awesome," "inimitable," "a force of nature," "stellar," a "powerful advocate," "extremely talented" and "utterly phenomenal." To watch highlights of Mr. Born's oral advocacy in the Abyei arbitration (Sudan v. SPLM/A), please click here or here.

Mr. Born heads the firm's 70-person international arbitration group, which is based in London and integrated with related practices in our New York, Washington, Berlin and Brussels offices. Mr. Born has represented European, US, Asian and other companies in arbitrations under all leading institutional rules (ICC, LCIA, AAA, Vienna, Stockholm, ICSID) and in ad hoc arbitrations in all leading international seats (London, Paris, Geneva/Zurich, Vienna, Stockholm, New York, Washington, Singapore). He has particular experience in joint venture, investor-state, M&A, investment banking and other financial services, project finance, energy, oil and gas, intellectual property and insurance disputes.

Mr. Born also advises on the litigation of international disputes in US courts. He has particular experience in the fields of jurisdiction, enforcement of judgments, conflict of laws and international judicial cooperation, and also serves as an expert witness on aspects of US private international law in foreign proceedings.

Mr. Born also sits as arbitrator (presiding arbitrator, sole arbitrator and co-arbitrator). He has served as arbitrator in more than 175 institutional and ad hoc arbitrations.

Publications

Mr. Born has published a number of leading works on international arbitration, international litigation and other forms of dispute resolution. He is the author of International Commercial Arbitration (Second Edition Kluwer 2014), the leading treatise in the field, which has received the American Society of International Law's Certificate of Merit for High Technical Craftsmanship and OGEMID's Book of the Year award for 2009. He has also authored International Arbitration: Law and Practice (Kluwer 2012), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 3d ed. 2010, 4th ed. 2013), which received OGEMID's Book of the Year award for 2010, International Arbitration: Cases and Materials (Aspen 2011) and International Commercial Arbitration: Commentary and Materials (Kluwer 2d ed. 2001). Mr. Born is also the author (together with Peter Rutledge) of International Civil Litigation in United States Courts (Aspen 5th ed. 2011), the leading commentary on the subject. Reviews of Mr. Born’s publications can be accessed here.  

Watch an interview with Gary Born on the second edition of International Commercial Arbitration, presented in conjunction with Wolters Kluwer. The second edition is an authoritative 4,500 page work, in three volumes, providing the most comprehensive available commentary on all aspects of the international commercial arbitration process. It includes parts on international arbitration agreements, arbitral proceedings and arbitral awards, as well as references to more than 20,000 awards, judicial decisions and other authorities.

Recent Practice Highlights

During the past year, Mr. Born led teams which obtained favorable awards in a large number of international arbitrations, including an ICC arbitration sited in Paris, France, two arbitrations under the Vienna International Arbitral Centre's Rules, an HKIAC arbitration seated in Hong Kong, an arbitration seated in Geneva, ICC arbitrations sited in Singapore and Hong Kong, and several LCIA arbitrations sited in London. Mr. Born has successfully represented a major European telecommunications company in several of the largest arbitrations in ICC history. (See American Lawyer "major arbitration player in Europe" (May 2001)). He also recently successfully represented a major US energy company in an LCIA arbitration over off-shore oil rights sited in London, a European conglomerate in a fast-track arbitration in Zurich, a major industrial group in an ad hoc insurance arbitration sited in London, a leading European oil company in an ICC arbitration sited in London, a private equity firm in an ICC arbitration sited in Geneva, a US insurance company in an M&A arbitration in Paris, and a major multinational capital equipment manufacturer in institutional and other arbitrations in multiple European fora arising from power plant projects.

Mr. Born has represented states and corporate parties in disputes involving public international law disputes. He represented The Sudan People's Liberation Movement/Army in the historic Abyei arbitration (more information on Abyei arbitration), Eritrea in an ad hoc arbitration against Yemen, private parties in controversies under various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law.

Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations and representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States.

Professional Activities

Mr. Born is an Honorary Professor of Law at the University of St. Gallen. He has also taught at Harvard Law School, University of Pennsylvania Law School, Stanford Law School, Georgetown University Law Center, National University of Singapore, Tsinghua University School of Law, Peking University School of Transnational Law, University of Virginia College of Law, University College London and the University of Arizona College of Law.

Mr. Born is a member of the American Law Institute and of the Board of Trustees of the British Institute for International and Comparative Law. He has served on the Executive Council of the American Society of International Law, the Advisory Committee of the ALI's Restatement of US International Arbitration Law, the Advisory Committee of the ALI Restatement of US Foreign Relation Law (Fourth) and as co-chair of the ABA International Section, Committee on International Aspects of Litigation. He is also a Vice President of the American Society of International Law.

Mr. Born is a member of the Singapore International Arbitration Centre (SIAC) Court of Arbitration, a member of the International Advisory Board of the Hong Kong International Arbitration Centre (HKIAC), a member of the Global Advisory Board of the New York International Arbitration Center (NYIAC), a member of the International Arbitration Committee of the Korean Commercial Arbitration Board (KCAB) and a member of the Jerusalem Arbitration Center's Court of Arbitration.

He is a member of the Academic Council of the Institute for Transnational Arbitration, the Advisory Board of African International Legal Awareness, the Advisory Board of the Indian Journal of Arbitration Law and the Editorial Advisory Board of the Journal of World Investment and Trade.

Mr. Born delivered the inaugural Kwa Geok Choo Distinguished Visitor Lecture at the National University of Singapore and was the Bok International Law Professor at University of Pennsylvania Law School.

Honors and Awards

  • Ranked second among all London lawyers by Chambers 100 UK 2013—a list that identifies the top lawyers who excel in both technical legal ability and in client service.
  • Ranked by Chambers Global as one of only two "Star Performers" and named among the "Most in Demand Arbitrators" in international arbitration (2009-2014). In 2014, he was also recognized for his dispute resolution and public international law practices. 
  • Ranked by Chambers Europe (2008-2013) as a "Star Performer" in the area of Dispute Resolution: International Arbitration (UK and Europe-wide) and listed among the "Most in Demand Arbitrators" (Europe-wide) in 2008-2013
  • Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK Legal Profession (2006-2015 editions)
  • Highlighted in the 2008, 2009, 2010, 2011, 2012, 2013 and 2014 editions of The Legal 500 UK as a leader in the field of international arbitration and public international law. He was recognized as an outstanding arbitrator who "leads an impressive arbitration force" of "highly sophisticated and powerful advocates" and who "deserves his stellar reputation."
  • Honored by Best Lawyers in the United Kingdom as the "2014 London International Arbitration 'Lawyer of the Year,'" and recognized in the in the arbitration and mediation, international arbitration and litigation practice areas
  • Awarded American Society of International Law's "Certificate of Merit" (2011) for high technical craftsmanship and utility to practicing lawyers and scholars
  • Awarded Global Arbitration Review's inaugural "Advocate of the Year" (2011)
  • Named the exclusive recipient of the 2014 Client Choice Award for Arbitration in the UK from International Law Office (ILO). He was previously awarded the 2012 Client Choice Award as Arbitration Practitioner of the Year.
  • Listed in Chambers Global: The World's Leading Lawyers as a Europe-wide and Global-wide leader in international arbitration and dispute resolution (2006-2013)
  • Recognized in Legal Media Group's The Best of the Best as among the world’s leading lawyers for International Commercial Arbitration (2007, 2008, 2009, 2011) and Litigation (2011)
  • Selected for Legal Media Group's The Best of the Best as "World's Best International Litigator" (2006)
  • Recommended by PLC Which Lawyer? 2011 as a leader in the "dispute resolution: arbitration" category
  • Named one of the world's "top 20 arbitration specialists" in PLC Cross-border Quarterly; highlighted as "one of the world's leading arbitrators" (2006)
  • Recognized by Global Arbitration Review as "Super-arbitrator" and "a model of how it's done" (2006)
  • Listed in Euromoney's The Best of the Best: The World's Top Twenty Experts in Commercial Arbitration as one of leading European practitioners (2003, 2004, 2005, 2006)
  • Ranked by Global Counsel as one of the "World's Top Ten International Arbitration" lawyers (2003)
  • Listed in Euromoney's Guide to the World's Leading Litigation Lawyers (2003 to present)

Recent Highlights

During the past year, Mr. Born led teams which obtained favorable awards in a large number of international arbitrations, including an ICC arbitration sited in Paris, France, two arbitrations under the Vienna International Arbitral Centre's Rules, an HKIAC arbitration seated in Hong Kong, an arbitration seated in Geneva, ICC arbitrations sited in Singapore and Hong Kong, and several LCIA arbitrations sited in London. Mr. Born has successfully represented a major European telecommunications company in several of the largest arbitrations in ICC history. (See American Lawyer "major arbitration player in Europe" (May 2001)). He also recently successfully represented a major US energy company in an LCIA arbitration over off-shore oil rights sited in London, a European conglomerate in a fast-track arbitration in Zurich, a major industrial group in an ad hoc insurance arbitration sited in London, a leading European oil company in an ICC arbitration sited in London, a private equity firm in an ICC arbitration sited in Geneva, a US insurance company in an M&A arbitration in Paris, and a major multinational capital equipment manufacturer in institutional and other arbitrations in multiple European fora arising from power plant projects.

Mr. Born has represented states and corporate parties in disputes involving public international law disputes. He represented The Sudan People's Liberation Movement/Army in the historic Abyei arbitration (more information on Abyei arbitration), Eritrea in an ad hoc arbitration against Yemen, private parties in controversies under various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law.

Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations and representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States.

Honors & Awards

  • Ranked second among all London lawyers by Chambers 100 UK 2013—a list that identifies the top lawyers who excel in both technical legal ability and in client service.
  • Ranked by Chambers Global as one of only two "Star Performers" and named among the "Most in Demand Arbitrators" in international arbitration (2009-2014). In 2014, he was also recognized for his dispute resolution and public international law practices.
  • Ranked by Chambers Europe (2008-2013) as a "Star Performer" in the area of Dispute Resolution: International Arbitration (UK and Europe-wide) and listed among the "Most in Demand Arbitrators" (Europe-wide) in 2008-2013
  • Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK Legal Profession (2006-2015 editions)
  • Highlighted in the 2008, 2009, 2010, 2011, 2012, 2013 and 2014 editions of The Legal 500 UK as a leader in the field of international arbitration and public international law. He was recognized as an outstanding arbitrator who "leads an impressive arbitration force" of "highly sophisticated and powerful advocates" and who "deserves his stellar reputation."
  • Honored by Best Lawyers in the United Kingdom as the "2014 London International Arbitration 'Lawyer of the Year,'" and recognized in the in the arbitration and mediation, international arbitration and litigation practice areas
  • Awarded American Society of International Law's "Certificate of Merit" (2011) for high technical craftsmanship and utility to practicing lawyers and scholars
  • Awarded Global Arbitration Review's inaugural "Advocate of the Year" (2011)
  • Named the exclusive recipient of the 2014 Client Choice Award for Arbitration in the UK from International Law Office (ILO). He was previously awarded the 2012 Client Choice Award as Arbitration Practitioner of the Year.
  • Listed in Chambers Global: The World's Leading Lawyers as a Europe-wide and Global-wide leader in international arbitration and dispute resolution (2006-2013)
  • Recognized in Legal Media Group's The Best of the Best as among the world’s leading lawyers for International Commercial Arbitration (2007, 2008, 2009, 2011) and Litigation (2011)
  • Selected for Legal Media Group's The Best of the Best as "World's Best International Litigator" (2006)
  • Recommended by PLC Which Lawyer? 2011 as a leader in the "dispute resolution: arbitration" category
  • Named one of the world's "top 20 arbitration specialists" in PLC Cross-border Quarterly; highlighted as "one of the world's leading arbitrators" (2006)
  • Recognized by Global Arbitration Review as "Super-arbitrator" and "a model of how it's done" (2006)
  • Listed in Euromoney's The Best of the Best: The World's Top Twenty Experts in Commercial Arbitration as one of leading European practitioners (2003, 2004, 2005, 2006)
  • Ranked by Global Counsel as one of the "World's Top Ten International Arbitration" lawyers (2003)
  • Listed in Euromoney's Guide to the World's Leading Litigation Lawyers (2003 to present)

Publications & News

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November 19, 2014

Korean Commercial Arbitration Board: An Interview with Gary Born

Gary Born, chair of the firm's International Arbitration Practice Group and the world's preeminent authority on international commercial arbitration and international litigation, participates in an interview with the Korean Commercial Arbitration Board.

November 6, 2014

Gary Born Delivers 2014 Lalive Lecture, “A New Generation of International Adjudication: Reflections on Developments in International Law” in Geneva

The annual Lalive lecture series provides a forum for intellectual reflection on developments in the interface between public and private international law.

November 3, 2014

U.S. News – Best Lawyers Honor Wilmer Cutler Pickering Hale and Dorr LLP as International Arbitration "Law Firm of the Year" for the Third Consecutive Year

Wilmer Cutler Pickering Hale and Dorr LLP has again been ranked as the "Law Firm of the Year" in International Arbitration by U.S. News & World Report and Best Lawyers® in the 2015 edition of the annual "Best Law Firms" list.

October 17, 2014

Q&A with Gary Born Featured in the Legal Business Disputes Yearbook 2014

Gary Born, chair of the firm's International Arbitration Practice Group and the world's preeminent authority on international commercial arbitration and international litigation, discusses his career and his passion for his practice in a profile piece that was first published in the Legal Business Disputes Yearbook 2014.

October 3, 2014

The Legal 500 UK Honors WilmerHale with Top Rankings in 2014 Edition

The Legal 500, the United Kingdom's guide to outstanding lawyers, has again selected WilmerHale as a top-tier law firm in dispute resolution - international arbitration, and highly recommends the firm in nine other categories. The guide also names three lawyers to its "leading individuals" list, and recognizes a total of eight of the firm’s London-based lawyers

July 23, 2014

Gary Born Delivers Lecture on International Arbitration at the Academie Voor de Rechtspraktijk

Gary Born, Chair of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr LLP and the world's leading authority on international arbitration and litigation, recently gave a talk at the Academie Voor de Rechtspraktijk, entitled "An Introduction to International Arbitration."

July 14, 2014

Legal representation in arbitration

An article featuring Gary Born, published by Lexis®PSL Arbitration and Lexis®Library on 14 July 2014.

July 7, 2014

International Commercial Arbitration by Gary Born – Hardcover and eBook Available Now

We are delighted to announce that the second edition of International Commercial Arbitration (2014 Kluwer Law International) by Gary Born, Chair of the firm's International Arbitration Practice Group, is now available in both hardcover and as an eBook.

May 6, 2014

The New Journal of World Investment and Trade; Arbitrator Independence and Academic Freedom; In This Issue

Journal of World Investment and Trade, 15 (2014) 1-11.

April 29, 2014

BG Group v. Republic of Argentina: Panel Discussion Now Available Online

On 23 April, Wilmer Cutler Pickering Hale and Dorr LLP and Kluwer Law International, part of Wolters Kluwer Law & Business, hosted a panel discussion on the recent US Supreme Court decision in BG Group v. Republic of Argentina.

Books

International Commercial Arbitration, Second Edition
The second edition is an authoritative 4,500 page work, in three volumes, providing the most comprehensive available commentary on all aspects of the international commercial arbitration process. It includes parts on international arbitration agreements, arbitral proceedings and arbitral awards, as well as references to more than 20,000 awards, judicial decisions and other authorities. The book was published by Kluwer Law International (2014).

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition
Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. The book was published by Kluwer Law International (2013).

International Arbitration: Law and Practice 
Offering an overview of the legal principles and practice of international arbitration, this book covers topics like the legal framework for international commercial arbitration, international arbitration agreements, international arbitral procedures and international arbitral awards. The book was published by Kluwer Law International (2012).
Read reviews.

International Arbitration: Cases and Materials
A 1200 page casebook presents an international approach to international commercial arbitration, focusing on the New York Convention and UNCITRAL Model Law. The book was published by Aspen Publishers (2011).
Read reviews.

International Civil Litigation in United States Courts, Fifth Edition 
Written with Peter B. Rutledge, this book presents cases and materials, commentary and detailed notes supported with non-US materials to assist readers in a comparative study of the covered topics. The book was published by Aspen Publishers (2011). 

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Third Edition [2010]
A comprehensive guide of crucial importance for any international practitioner or corporate counsel engaged in international matters by WilmerHale Partner Gary Born. This title received OGEMID's Book of the Year award for 2010.

International Commercial Arbitration
A 3500 page treatise on all aspects of international commercial arbitration, third edition, published by Kluwer Law International (2009). This leading treatise in the field has received the American Society of International Law's Certificate of Merit for High Technical Craftsmanship and OGEMID's Book of the Year award for 2009.
Read reviews.

International Commercial Arbitration: Commentary and Materials, Second Edition 
An 1100 page treatise on international commercial arbitration. The book was published by Kluwer Law International (2001).
Read reviews.

Practices

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Education

JD, summa cum laude, University of Pennsylvania Law School, 1981

BA, summa cum laude, Haverford College, 1978, Phi Beta Kappa

Bar Admissions

District of Columbia

Languages

English

German

Clerkships

The Hon. Henry J. Friendly, US Court of Appeals for the Second Circuit

The Hon. William H. Rehnquist, US Supreme Court