Born, Gary

Gary Born

Born, Gary

Gary Born

Partner

  • Chair, International Arbitration Practice Group

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 more than 20 years as one of the world's leading international arbitration advocates and the leading arbitration practitioner in London.

Practice

Mr. Born has participated as counsel in more than 675 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. 

Among many accolades for his work as counsel, Mr. Born received the Global Arbitration Review inaugural “Advocate of the Year” award, the Client Choice award for “Best International Arbitration Practitioner” and the Best Lawyers “London Arbitration Lawyer of the Year” award. He is one of only two practitioners to achieve “starred” status for international arbitration in the Chambers Global and Chambers UK guides. Chambers recognized him for his “Outstanding Contribution to the Legal Profession,” describing him as the world's foremost authority on international arbitration and litigation.  Clients and competitors have also described Mr. Born as “awesome,” “inimitable,” and “in a league of his own,” praising him as “a phenomenal mind and a brilliant lawyer,” “easily the most capable disputes lawyer alive today,” and “at the absolute top of the international arbitration universe.”

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 heads the firm's international arbitration group, which is based in London with lawyers in in our New York, Washington, Boston, Silicon Valley, Beijing and Berlin offices. 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) and serves as expert witness. He has served as arbitrator in more than 250 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, including International Commercial Arbitration (Kluwer 3d ed. 2021), the leading treatise in the field. This authoritative 5,000-page work, in three volumes, provides the most comprehensive available commentary on all aspects of the international commercial arbitration process. The First and Second Editions of International Commercial Arbitration have been widely cited by national courts and arbitral tribunals, including by Supreme Courts in the United States, United Kingdom, Canada, India, Australia, Singapore, Hong Kong, Netherlands and elsewhere. 

He has also authored International Arbitration: Law and Practice (Kluwer 3d ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer 6th ed. 2021), International Arbitration: Cases and Materials (Aspen 3d ed. 2021) 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 (Wolters Kluwer 6th ed. 2018), the leading commentary on the subject.

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 School 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.

Books

International Commercial Arbitration, Third Edition
This authoritative 5,000-page work, in three volumes, provides the most comprehensive available commentary on all aspects of the international commercial arbitration process. The Third Edition contains 27 chapters, which comprehensively examine the law and practice of international commercial arbitration, discussing all leading international conventions, national arbitration statutes and institutional arbitration rules. The treatise focuses on both international instruments (particularly the New York and Inter-American Conventions) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). The Third Edition was published by Kluwer Law International (2021).

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Sixth 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 Sixth Edition was published by Kluwer Law International (2021).

International Civil Litigation in United States Courts, Sixth 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 Sixth Edition was published by Wolters Kluwer (2018).

International Arbitration: Law and Practice, Third Edition
The Third 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 Third Edition was published by Kluwer Law International (2021). 

International Arbitration: Cases and Materials, Third Edition
A 1200-page casebook presents an international approach to international commercial arbitration, focusing on the New York Convention and UNCITRAL Model Law. The Third Edition was published by Aspen Publishers (2021). 

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

  • Launch: Born's International Arbitration Lectures

    We are delighted to announce the launch of Born’s International Arbitration Lectures from Wolters Kluwer. This online course is presented by Gary Born, Chair of the International Arbitration Practice at Wilmer Cutler Pickering Hale and Dorr LLP and the world’s leading authority on international arbitration and litigation.

    March 26, 2019
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  • Modern Arbitration: Live – An Interview With Gary Born

    Gary Born was interviewed by Andrey Gorlenko, Executive Administrator of the Russian Arbitration Center at the Russian Institute of Modern Arbitration, as part of the Center’s Modern Arbitration: Live project.

    March 19, 2019
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  • Gary Born Honored by U. of Penn’s Law Alumni Society for Lifetime of Service to the Law

    Gary Born was awarded the 2018 James Wilson Award by the University of Pennsylvania Law Alumni Society. The James Wilson Award is presented each year to a graduate of the law school and honors a lifetime of service to the legal profession.

    October 12, 2018
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Experience

  • During the past several years, Mr. Born led teams which obtained favorable awards or settlements in a number of international arbitrations, including ICC arbitrations seated in Hong Kong, Singapore, London, Sao Paolo, Paris and New York, a WIPO arbitration seated in Geneva, an ad hoc investment arbitration seated in Singapore, an arbitration seated in Geneva, an ICSID arbitration, and several LCIA arbitrations seated in London.

    In the past several decades, Mr. Born has successfully represented parties in some of the most significant international arbitrations. He represented a major European telecommunications company in several of the largest arbitrations in ICC history. He also successfully represented a leading U.S. private equity firm in an ICC arbitration in Sao Paolo, a Chinese insurance company in an ICC arbitration seated in Hong Kong, a Southeast Asian energy company in multiple ICC and other arbitrations seated in Singapore, a major US energy company in an LCIA arbitration over off-shore oil rights seated in London, a European company in a fast-track arbitration in Zurich, a major industrial group in an ad hoc insurance arbitration seated in London, a leading European oil company in an ICC arbitration seated in London, a private equity firm in an ICC arbitration seated in Geneva, a US insurance company in an M&A arbitration seated 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 also 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. To watch highlights of Mr. Born's oral advocacy in the Abyei arbitration (Sudan v. SPLM/A), please click here.

    Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations, representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States and testimony as an expert witness in a number of proceedings in Swedish, English, US, Japanese and other courts.

Recognition

  • Award Text

    Star Individual

    Chambers Global

    2009-2020

  • Award Text

    London International Arbitration Lawyer of the Year

    Best Lawyers in the United Kingdom

    2020

  • Award Text

    Outstanding Contribution to the Legal Profession

    Chambers Europe

    2018

  • Ranked as a "Star Performer" in international arbitration by Chambers UK (2006–2021 editions), which states that he is universally considered as a star of the UK international arbitration market, with commentators saying he is "a leading light in the field," a "very intelligent and impressive man" and "a fantastic arbitrator and lawyer; he really is very special." Also ranked in the area of Public International Law in 2021.
  • Ranked by Chambers Global and Chambers Europe as one of only two "Star Individuals" and named among the "Most in Demand Arbitrators" in international arbitration (2008–2020). He has also been recognized as a Europe-wide and Global-wide leader for his dispute resolution and public international law practices (2014–2020).
  • Recognized by Chambers for his “Outstanding Contribution to the Legal Profession” in 2018.
  • Recognized as a leading arbitrator and "Thought Leader" in the 2018–2021 editions of Who's Who Legal: Arbitration, where he is described by sources as “one of the greatest minds in international arbitration,” “a global superstar,” “in a league of his own” and as a “perennial selection as a Global Elite Thought Leader, continually securing endorsements from market commentators as ‘probably the best US arbitration lawyer in Europe’ with ‘excellent knowledge and vast experience’.” Sources also say he is “a legendary attorney in the field of international arbitration” and “excellent on all counts.” One source notes, “He literally wrote the book on it.”
  • Awarded the 2018 James Wilson Award by the University of Pennsylvania Law Alumni Society—an award that honors a lifetime of service to the legal profession by a graduate of the law school. 
  • Recognized by Chambers Asia-Pacific as a "Most in Demand Arbitrator" (2017–2021).
  • Inducted into The Legal 500 UK Hall of Fame in 2018 for dispute resolution: international arbitration (London). He is also highlighted in the 2008–2020 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 2020, 2014–2017 and 2012 London International Arbitration Lawyer of the Year and the 2019 London Arbitration and Mediation Lawyer of the Year and recognized in the arbitration and mediation, international arbitration and litigation practice areas.
  • Named the exclusive recipient of the Client Choice Award for Arbitration in the UK from International Law Office (ILO) in 2012 and 2014.
  • 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).
  • Recommended by PLC Which Lawyer? 2011 as a leader in the "dispute resolution: arbitration" category.
  • Selected for Legal Media Group's The Best of the Best as "World's Best International Litigator" (2006).
  • Recognized by Global Arbitration Review as "Super-arbitrator" and "a model of how it's done" (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).

Insights & News

Credentials

  • Education

    • JD, University of Pennsylvania Law School, 1981

      summa cum laude
    • BA, Haverford College, 1978

      summa cum laude Phi Beta Kappa
  • Admissions

    • District of Columbia

    • England and Wales, Registered Foreign Lawyer

  • Clerkships

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

    • The Hon. William H. Rehnquist, US Supreme Court

Credentials