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, Legal500 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 (Kluwer 2d ed. 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 2d ed. 2015), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 5th ed. 2016), 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, Switzerland and Tsinghua University, Beijing. He has also taught at Harvard Law School, University of Pennsylvania Law School, Stanford Law School, Georgetown University Law Center, National University of Singapore, 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 President 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 by Chambers Global as one of only two "Star Individual" and named among the "Most in Demand Arbitrators" in international arbitration (2009-2017). He has also been recognized as a Europe-wide and Global-wide leader for his dispute resolution and public international law practices (2014-2017).
  • Ranked by Chambers Europe (2008-2017) as a "Star Individual" in the area of Dispute Resolution: International Arbitration (Europe-wide) and listed among the "Most in Demand Arbitrators" (Europe-wide) in 2008-2017.
  • Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK Legal Profession (2006-2017 editions), which states that he is universally considered as a star of the UK international arbitration market, with commentators naming him as "a leading light in the field" and a "very intelligent and impressive man." 
  • 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.
  • Recognized as a "Most in Demand Arbitrator" in Singapore for dispute resolution in the 2017 edition of Chambers Asia-Pacific.
  • Highlighted in the 2008-2016 editions of The Legal 500 UK as a "Leading lawyer" 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 2012, 2014, 2015-16 and 2017 London International Arbitration Lawyer of the Year, and recognized 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.
  • 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 by Chambers Global as one of only two "Star Individual" and named among the "Most in Demand Arbitrators" in international arbitration (2009-2017). He has also been recognized as a Europe-wide and Global-wide leader for his dispute resolution and public international law practices (2014-2017).
  • Ranked by Chambers Europe (2008-2017) as a "Star Individual" in the area of Dispute Resolution: International Arbitration (Europe-wide) and listed among the "Most in Demand Arbitrators" (Europe-wide) in 2008-2017.
  • Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK Legal Profession (2006-2017 editions), which states that he is universally considered as a star of the UK international arbitration market, with commentators naming him as "a leading light in the field" and a "very intelligent and impressive man." 
  • 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.
  • Recognized as a "Most in Demand Arbitrator" in Singapore for dispute resolution in the 2017 edition of Chambers Asia-Pacific.
  • Highlighted in the 2008-2016 editions of The Legal 500 UK as a "Leading lawyer" 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 2012, 2014, 2015-16 and 2017 London International Arbitration Lawyer of the Year, and recognized 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.
  • 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

View

August 9, 2017

The Abyei Arbitration and the Rule of Law

Harvard International Law Journal, Winter 2017, Volume 58, Number 1

July 10, 2017

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

At the 50th anniversary of the United Nations Commission on International Trade Law Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's International Arbitration Group, discussed his proposal for a new form of international arbitration through BATs.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 22, 2017

Arbitration and the Rule of law: Lessons From Limitations Periods

The American Review of International Arbitration, 2016/Vol. 27 No 4

April 11, 2017

Chambers Europe 2017 Recognizes WilmerHale Lawyers and Practices

Twelve WilmerHale lawyers and five firm practices have been recognized in the 2017 edition of Chambers Europe: Leading Lawyers for Business.

March 21, 2017

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2017

Chambers Global has named 27 WilmerHale lawyers among "The World's Leading Lawyers for Business" in its 2017 edition.

January 25, 2017

New SIAC Investment Arbitration Rules

The Singapore International Arbitration Centre (SIAC) recently published a new set of Investment Arbitration Rules (the Rules or the SIAC IA Rules), which entered into force on 1 January 2017. The Rules—the first of their kind by a private arbitral institution—are a specialized set of arbitration rules catered to investment disputes involving States, State-controlled entities or intergovernmental organizations, whether arising out of a contract, treaty or statute.

January 4, 2017

SIAC Announces Official Release of the SIAC Investment Arbitration Rules

The Singapore International Arbitration Centre (SIAC) has announced the official release of the first edition of the Investment Arbitration Rules of the Singapore International Arbitration Centre (1st Edition, 1 January 2017) (SIAC IA Rules 2017), a specialised set of rules to address the unique issues present in the conduct of international investment arbitration. The SIAC IA Rules 2017 came into effect on 1 January 2017.

November 11, 2016

Sanum v. Laos (Part II): The Singapore Court of Appeal Affirms Tribunal's Jurisdiction Under the PRC-Laos BIT

In part two of this two-part Kluwer Arbitration Blog post, Gary Born, Jonathan Lim and Dharshini Prasad provide comments on the judgment and its significance, including its impact on future Singapore court proceedings involving investment arbitration awards and future disputes involving PRC treaties.

November 10, 2016

Sanum v. Laos (Part I): The Singapore Court of Appeal Affirms Tribunal's Jurisdiction Under the PRC-Laos BIT

In part one of this two-part Kluwer Arbitration Blog post, Gary Born, Jonathan Lim and Dharshini Prasad summarize the Sanum Investments Ltd. v Government of the Lao People's Democratic Republic dispute and the court's holding.

Books

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fifth Edition
Drawing on a wealth of practical experience and academic analysis, this extensively revised edition expands upon one of the classic works in the field. It offers more than 200 model arbitration and forum selection clauses and associated provisions for international contracts. It also explains the advantages and disadvantages of different approaches in practical, easy-to-use terms. The latest edition has been updated extensively to address developments through June 2016 and includes key reference materials in easy-to-use appendices. The book was published by Kluwer Law International (2016).

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, Second Edition 
The second edition of International Arbitration: Law and Practice provides a concise overview of the legal principles and practice of international arbitration. The 500-page book gives readers an accessible introduction to the contemporary legal framework for international commercial arbitration. It includes thoroughly revised and expanded discussions of international arbitration agreements, international arbitral procedures and international arbitral awards. The book was published by Kluwer Law International (2015).
Read reviews of the first edition.

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 (Second Edition 2015).
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

Skip Navigation Links.

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

Skip Navigation Links.