Gary Born

Gary Born

Gary Born is universally regarded as one of the world's preeminent authorities on international commercial arbitration and international litigation. He heads the WilmerHale's international arbitration practice and has been ranked for the past decade as one of the world's leading arbitration practitioners.

Practice

Mr. Born has participated in more than 500 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. In 2006, he was chosen by his peers as the "World's Best International Litigator" and recognized by Chambers UK as the most highly-regarded practitioner in international arbitration for the United Kingdom. He is described by competitors and clients in Chambers and other publications as "awesome," "inimitable," "stellar," "extremely talented" and a "powerful advocate." Mr. Born is also the author of leading publications on international commercial arbitration, including International Commercial Arbitration (2d ed. 2001).

Mr. Born heads WilmerHale'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 situses (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, 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. He is the author of International Litigation in United States Courts (Aspen/Kluwer 4th ed.), the leading commentary in the field. Mr. Born was recently selected by clients and peers as the "World's Best International Litigator" in a survey by Legal Media Group.

Mr. Born also sits as arbitrator (presiding arbitrator, sole arbitrator and co-arbitrator). He has served as arbitrator in more than 60 institutional and ad hoc arbitrations.

Recent Highlights

During the past year, Mr. Born led teams which obtained favorable awards in several major international arbitrations, including an ICC arbitration sited in Paris, France, two arbitrations under the Vienna International Arbitral Centre's Rules, 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 also has represented states and corporate parties in disputes involving public international law disputes. He represented 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 the author of several leading treatises and casebooks on international arbitration and litigation, including International Commercial Arbitration: Commentary and Materials (2d ed. 2001), International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing (2d ed. 2006), and International Civil Litigation in United States Courts (4th ed. 2007). The first chapter of International Arbitration and Forum Selection Agreements: Planning, Drafting and Enforcing is available through the WilmerHale website. He also has published and spoken widely on issues of international arbitration and litigation.

Mr. Born has taught law at Georgetown University Law Center, University of Virginia College of Law, University College London and the University of Arizona College of Law. He is a member of the American Law Institute and also has served on the Executive Council of the American Society of International Law, and as co-chair of the ABA International Section, Committee on International Aspects of Litigation.

Honors and Awards

  • Ranked as England's only "Star Performer" in international arbitration by Chambers UK: A Client's Guide to the UK LegalProfession (2006/07) and listed as one of three leading arbitration practitioners in Europe (2000-present)
  • Selected for Legal Media Group's The Best of the Best as "World's Best International Litigator" (2006)
  • Recognized as a UK leader in international arbitration in the inaugural edition of Chambers Europe (2007)
  • Listed in Chambers Global: The World's Leading Lawyers as one of top three practitioners in London (2006 and 2007
  • 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)
  • Recognized in the 2006 edition of The Legal 500 UK as an outstanding arbitrator who "leads an impressive arbitration force" of "highly sophisticated and powerful advocates" and who "deserves his stellar reputation."
  • 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)

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