Gary B. Born (born September 14, 1955) is an American lawyer. 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 commentaries, casebooks and other works on

international arbitration International arbitration can refer to arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract (typically referred to as international commercial arbitration) or betwee ...

and

international litigation International litigation, sometimes called transnational litigation, is the practice of litigation in connection with disputes among businesses or individuals residing or based in different countries. The main difference between international lit ...

Early life and education

Born attended primary schools in

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

and

Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...

and completed his secondary education in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

. He received a bachelor's degree, ''

summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...

'', from

Haverford College Haverford College ( ) is a private university, private Liberal arts colleges in the United States, liberal arts college in Haverford, Pennsylvania, United States. It was founded as a men's college in 1833 by members of the Religious Society of Fr ...

in 1978 and a J.D., ''summa cum laude'', from the

University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Carey Law, or Penn Law; previously University of Pennsylvania Law School) is the law school of the University of Pennsylvania, a private Ivy League research university in Phi ...

in 1981. Born served as a

law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...

to Judge

Henry Friendly Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was an American jurist who served as a United States federal judge, federal circuit judge on the United States Court of Appeals for the Second Circuit from 1959 to 1986, and as the court's Ch ...

of the U.S. Court of Appeals for the Second Circuit (1981–1982) and Justice

William Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an associate justice from 1972 to 1986. ...

of the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

(1982–1983). Born has practiced with Wilmer Cutler Pickering Hale and Dorr LLP in

London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...

for the past several decades and has taught international dispute resolution at law schools in Europe, the United States, Asia, the Middle East and elsewhere.

Scholarship

Born's three volume treatise on ''International Commercial Arbitration,'' currently in its third edition, is cited as the standard text in the field of international arbitration. ''International Commercial Arbitration'' provides a detailed treatment of the subject of international commercial arbitration agreements, procedures and awards, and proposes 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). ''International Commercial Arbitration'' is frequenty relied upon by apex courts in leading jurisdictions around the world, including the United States, Canada, the United Kingdom, India, Singapore, Switzerland, Australia, the Netherlands and Hong Kong. Born has also written on international litigation. His commentary and materials o
''International Civil Litigation in United States Courts''
is in its seventh edition. The work is a reference work on international litigation and was the foundational text on the field in the United States:See Minear, International Civil Litigation in United States Courts, Commentary and Materials (Second Edition), 35 Harv. Int'l. L. J. 251 (1994) ("...a textbook that is defining the law school course of 'International Civil Litigation' in much the same way as Henry M. Hart, Jr. and Herbert Wechsler defined the course of 'Federal Courts.'"); Curtis A. Bradley and Jack L. Goldsmith III, International Civil Litigation in United States Courts: Cases and Materials (Second Edition), 34 Va. J. Int'l L. 233 (1993–1994) ("When International Civil Litigation in the United States Courts was first published in 1989, it was the only casebook (and one of the first hornbooks) to present a 'comprehensive treatment' of the 'emerging field' of international civil litigation. Now in its second edition, ary Born's International Civil Litigationis recognized by many as the standard general work in the field... the best general hornbook on the subject."); McLachlan, International Litigation and the Reworking of the Conflict of Laws, L.Q.R. 2004, 120 (OCT), 580; Burbank, The World in our Courts: Gary B. Born and David Westin, International Civil Litigation in United States Courts; Commentary and Materials, 89 Mich. L. Rev. 1456 et seq.(1990–1991); Harold Hongju Koh, International Civil Litigation in United States Courts, 100 Yale L.J. 2347 (1990–1991) ("' e best current compendium' regarding international civil litigation."); American Society of International Law, The Future of Transnational Litigation in US Courts: Distinct Field or Footnote? Panel discussion at ASIL 101st Annual Meeting, 2007 ''International Civil Litigation'' is frequently relied upon by US judicial decisions, including the

US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

and various Courts of Appeals.J. McIntyre Machinery, Ltd v. Nicastro, 131 S.Ct. 2780 (2011); Asahi Metal Indus. Co. Ltd. v. Superior Court of California, 480 U.S. 102 (1987); Hartford Fire Ins. Co. v. Cal., 509 U.S. 764 (U.S. 1993); Saudi Arabia v. Nelson, 507 U.S. 349 (1993); J. McIntyre Machinery, Ltd. v. Nicastro, 2011 WL 2518811 (U.S. 2011); United Phosphorus, Ltd. v. Angus Chem. Co., 322 F.3d 942 (7th Cir. 2003); United States v. Swiss Am. Bank, Ltd., 191 F.3d 30 (1st Cir. 1999); Kuenzle v. HTM Sport-Und Freizeitgerate AG, 102 F.3d 453 (10th Cir. 1996); Allendale Mut. Ins. Co. v. Bull Data Sys., 10 F.3d 425 (7th Cir. 1993) Born has also authored casebooks on international arbitration (includin
''International Arbitration: Cases and Materials'' (Aspen 2010)
an
''International Commercial Arbitration: Commentary and Materials'' (Kluwer 2001)
and works on international dispute resolution (includin
''International Arbitration and Forum Selection Agreements: Drafting and Enforcing'' (Kluwer 4th ed. 2013)
an
''International Arbitration: Law and Practice'' (Kluwer 2012)
. Born's treatise ''International Commercial Arbitration'' was awarded the

American Society of International Law American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, ...

's Certificate of Merit for 2010 and was voted the 2009 "IDR-Related Book of the Year" by the Oil-Gas-Energy-Mining-Infrastructure Dispute Management (OGEMID) network. Born again received the OGEMID "Book of the Year" award in 2010 for his ''International Arbitration and Forum Selection Agreements: Drafting and Enforcing.'' He also received the Smit-Lowenfeld Prize of the International Arbitration Club of New York.

Representations

Born is an advocate in the fields of international arbitration, international litigation and

public international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

. He has participated as counsel in more than 725 international commercial or investment arbitrations, including several of the largest institutional and ad hoc arbitrations in recent decades (see below) and sat as arbitrator in more than 250 international arbitrations. In 2006, Born was chosen by his peers as the "World's Best International Litigator" in a survey by Legal Media Group. He was the recipient of the inaugural "Advocate of the Year" award by the Global Arbitration Review in 2011, starred status in Chambers Global from 2009 through the present, and the International Lawyer of the Year in 2014-20 and 2024. Born has represented a diversity of clients. He 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 Deutsche Telekom AG (, ; often just Telekom, DTAG or DT; stylised as ·T·) is a partially state-owned German telecommunications company headquartered in Bonn and the largest telecommunications provider in Europe by revenue. It was formed in 199 ...

and

Vivendi Vivendi SE (stylized in all lowercase) is a French investment company headquartered in Paris. It currently wholly-owns Gameloft as well as a number of investments in several companies, primarily involved in content, entertainment, media, and t ...

and France Telecom,

Repsol Repsol S.A.
El Nuevo Herald, 2012-05-31Originally an init ...

and

Atlantic LNG The Atlantic LNG Company of Trinidad and Tobago is a liquefied natural gas (LNG) producing company operating a liquefied natural gas plant in Point Fortin, Trinidad and Tobago. Atlantic LNG operates four liquefaction units (trains). Train 4, wi ...

2/3, Shell Petroleum,

Volkswagen Volkswagen (VW; )English: , . is a German automotive industry, automobile manufacturer based in Wolfsburg, Lower Saxony, Germany. Established in 1937 by German Labour Front, The German Labour Front, it was revitalized into the global brand it ...

, and others. Born acted as lead counsel in the Abyei Arbitration, conducted under the auspices of the

Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...

(PCA) in the Hague at the

Peace Palace The Peace Palace ( ; ) is an international law administrative building in The Hague, Netherlands. It houses the International Court of Justice (which is the principal judicial body of the United Nations), the Permanent Court of Arbitration (PC ...

. He represented the Sudan People's Liberation Movement/Army (SPLM/A) in the arbitration, implementing the 2005

Comprehensive Peace Agreement The Comprehensive Peace Agreement (CPA, ), also known as the Naivasha Agreement, was an accord signed on 9 January 2005, by the Sudan People's Liberation Movement (SPLM) and the Government of Sudan. The CPA was meant to end the Second Sudane ...

, between the

Government of Sudan The Government of Sudan is the Federalism, federal provisional government created by the Constitution of Sudan having executive, parliamentary, and the judicial branches. Previously, a President of Sudan, ''president'' was head of state, head of ...

and SPLM/A. The Abyei Arbitration had its 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 website of the PCA. Born represented the State of

Eritrea Eritrea, officially the State of Eritrea, is a country in the Horn of Africa region of East Africa, with its capital and largest city being Asmara. It is bordered by Ethiopia in the Eritrea–Ethiopia border, south, Sudan in the west, and Dj ...

against

Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...

in an arbitration under PCA auspices concerning territorial sovereignty over a number of islands in the

Red Sea The Red Sea is a sea inlet of the Indian Ocean, lying between Africa and Asia. Its connection to the ocean is in the south, through the Bab-el-Mandeb Strait and the Gulf of Aden. To its north lie the Sinai Peninsula, the Gulf of Aqaba, and th ...

. Born also represented

Greenpeace Greenpeace is an independent global campaigning network, founded in Canada in 1971 by a group of Environmental movement, environmental activists. Greenpeace states its goal is to "ensure the ability of the Earth to nurture life in all its biod ...

in an arbitration against the Republic of France, concerning the Rainbow Warrior incident. The arbitration concluded with an award of damages in favor of

. Born has sat as arbitrator in more than 250 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 Tanzania, officially the United Republic of Tanzania, is a country in East Africa within the African Great Lakes region. It is bordered by Uganda to the northwest; Kenya to the northeast; the Indian Ocean to the east; Mozambique and Malawi to t ...

, which issued an order setting forth guidelines on transparency and confidentiality in investor-state arbitrations. He was also a member of the arbitral tribunal in Philip Morris v. Uruguay, where he issued a partial dissenting opinion.

Professional and academic activities

Born has taught courses on international arbitration, international litigation or public international law at

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

Stanford Law School Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ...

, University of Pennsylvania, St. Gallen University,

National University of Singapore The National University of Singapore (NUS) is a national university, national Public university, public research university in Singapore. It was officially established in 1980 by the merging of the University of Singapore and Nanyang University ...

, Prince Sultan University (Riyadh), University of Peking,

Tsinghua University Tsinghua University (THU) is a public university in Haidian, Beijing, China. It is affiliated with and funded by the Ministry of Education of China. The university is part of Project 211, Project 985, and the Double First-Class Constructio ...

Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...

, University of Virginia School of Law and elsewhere. Born was named the inaugural Kwa Geok Choo Distinguished Visitor in 2012 at the National University of Singapore's Law School, and has been invited to deliver the James E.C. Brierley Memorial Lecture at

McGill University McGill University (French: Université McGill) is an English-language public research university in Montreal, Quebec, Canada. Founded in 1821 by royal charter,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, ...

, the Goff Arbitration Lecture at the

City University of Hong Kong The City University of Hong Kong (CityUHK) is a public research university in Kowloon Tong, Kowloon, Hong Kong. It was founded in 1984 as the City Polytechnic of Hong Kong and formally established as the City University of Hong Kong in 1994 ...

and the Freshfield International Arbitration Lecture. He has also been awarded honorary titles by leading universities, including St. Gallen (Professor) and

Wayne State University Wayne State University (WSU) is a public university, public research university in Detroit, Michigan, United States. Founded in 1868, Wayne State consists of 13 schools and colleges offering approximately 375 programs. It is Michigan's third-l ...

(Doctor of Laws). Born received the Haverford College Alumni Distinguished Achievement Award in 2013, the 2018 James Wilson Award by the University of Pennsylvania Law Alumni Society and the Outstanding Contribution to the Legal Profession award by Chambers & Partners in 2018. Born is a member of the

American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars limited to 3,000 elected members and established in 1923 to promote the clarification and simplification of United States common law and i ...

(ALI) and has served on the Executive Council of the

, and as co-chair of the

American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...

(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 ALI's Restatement (Fourth) of Foreign Relations Law, the Board of Trustees of the British Institute of International and Comparative Law, the Academic Council of the Institute for Transnational Arbitration, the advisory board of the African International Legal Awareness, the International Advisory Board of the Hong Kong International Arbitration Centre, and the ''Indian Journal of Arbitration Law''. Born is a member of the Court of the Singapore International Arbitration Centre and a vice-president of the American Society of International Law. Born is the author of a best-selling spy thriller, titled ''The File.'' The 360-page novel is set in Africa, Italy, Switzerland and China, featuring Sara West, a young woman thrust into a web of international espionage. Gina Haspel, former Director of the CIA, recommends the book, commenting: "A thoroughly enjoyable, engrossing thriller with a captivating young, beautiful American botanist at the center of the fast-paced action. The suspense will keep you guessing and eagerly awaiting a sequel." It is reported that Gary Born is working on another thriller, ''The Priest,'' about a former Mafia enforcer who is posted abroad after becoming a priest. He befriends a former general, whose deathbed confession sends the former gangster in search of documents that could reshape the map of Asia.

Principal publications

Books

Nonfiction

International Arbitration: Law and Practice
(Kluwer 3d ed. 2022).
International Arbitration: Cases and Materials
(Aspen 3d ed. 2022).
International Commercial Arbitration
(Kluwer 3d ed. 2022)
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 7th ed. 2021)
International Civil Litigation in United States Courts
(Aspen 7th ed. 2022) * The Extraterritorial Application of National Laws (1987) (with D. Lange)

Fiction

The File
Addison & Highsmith Publishers (2023)

Notes

References

{{DEFAULTSORT:Born, Gary 1955 births 20th-century American lawyers 21st-century American lawyers American expatriates in England Arbitrators Haverford College alumni International law scholars Law clerks of the Supreme Court of the United States Litigators Living people Lawyers from London University of Pennsylvania Law School alumni Wilmer Cutler Pickering Hale and Dorr people Members of the American Law Institute