A Conversation with Gary Born - WAMR 2013 Vol. 7, No. 1
Gary Born is the chair of the International Arbitration Practice Group at law firm Wilmer Cutler Pickering Hale and Dorr LLP and is one of the world’s leading authorities in the fields of international arbitration and litigation. Mr. Born has been involved as counsel in more than 550 arbitrations, under all leading arbitral regimes, including several of the largest arbitrations in both ICC and ad hoc history. He has been ranked for the past 15 years as one of the world’s leading international arbitration practitioners. He received the Global Arbitration Review’s inaugural “Advocate of the Year” award in 2011 and was recently voted the “World’s Best International Litigator” He sits as arbitrator, having served in some 150 institutional and ad hoc arbitrations. Mr. Born is a graduate of Haverford College (BA 1978, summa cum laude) and the University of Pennsylvania (JD 1981, summa cum laude). He clerked for Judge Henry J Friendly on the US Court of Appeals for the Second Circuit and Justice William H Rehnquist on the US Supreme Court. 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 2009), the preeminent treatise in the field and recipient of the American Society of International Law’s Certificate of Merit in 2010 and International Arbitration: Law and Practice (Kluwer 2012). He is also the author of International Forum Selection and Arbitration Agreements: Drafting and Enforcing (Kluwer 2010), International Arbitration: Cases and Materials (Aspen 2011), and International Civil Litigation in United States Courts (Aspen 5th ed. 2011). Mr. Born is an Honorary Professor of Law at St. Gallen University and has an Honorary Doctorate at Wayne State University, U.S.A. He has taught law at Harvard Law School, Stanford Law School, St. Gallen University, Georgetown University Law Center, National University of Singapore, University of Virginia College of Law, University College London and the University of Arizona College of Law. Gary may be contacted at email@example.com.
Linda J. Silberman, Professor Linda Silberman is the Martin Lipton Professor of Law at New York University School of Law. She is a graduate of the University of Michigan and the University of Michigan Law School and later a Fulbright Scholar in London, England. She joined the NYU faculty in 1971, where she teaches and writes in the areas of Transnational Litigation, International Commercial Arbitration, Civil Procedure, Comparative Civil Procedure, International Family Law, and Alternative Dispute Resolution. Her articles have been cited by the Supreme Court of the United States, the Supreme Court of the UK, and numerous other courts in the United States and abroad. Professor Silberman is presently Co-Director of the NYU Center on Transnational Litigation and Commercial Law. Professor Silberman is co-author of a leading Civil Procedure casebook (Silberman, Stein & Wolff, Civil Procedure: Theory and Practice), now in its 4th edition, and of a comparative civil procedure book, Civil Litigation in Comparative Context (2007). She was co-Reporter for the American Law Institute Project entitled Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute. She is presently serves as an Adviser to the Institute’s proposed Restatement of the Law Third on International Commercial Arbitration and is a member of the ITA Academic Council. Professor Silberman is a member of the International Commercial Disputes Committee of the Association of the Bar of the City of New York and the New York Arbitration Club. She is a member of the State Department Advisory Committee on Private International Law and has recently been part of a small consultative group advising the State Department on implementation of the Hague Choice of Court Convention. She has also been a member of numerous U.S. State Department delegations to the Hague Conference on Private International Law. She is a Fellow of the American Bar Foundation. Prior to joining the NYU faculty, Professor Silberman practiced law with the Sonnenschein, Nath & Rosenthal law firm in Chicago, Illinois. In 1985-86, she was Professor in Residence at the U.S. Department of Justice and in fall 2009, Scholar-in-Residence at WilmerHale in London, England. Professor Silberman mat be contacted at firstname.lastname@example.org.
Originally from World Arbitration And Mediation Review (WAMR)
PROFESSOR SILBERMAN: I want to start with Gary sort of at the beginning. I have got this organized into three parts, the sort of beginning of Gary Born, then the practice, and center of his professional life. And then I have, if we have time, a few questions about what’s happening in arbitration and maybe then the audience will want to ask some further questions. So as everyone has said Gary’s resume and legacy are extraordinary. He’s acted as counsel in, I think it’s over 550 arbitrations and as an arbitrator in 150 cases. I know that I, and I’m sure the rest of the audience, is interested in how you got where you are. And so in the beginning, my recollection – I’ve known Gary for a while- is that he grew up in the military. He said once to me that he was a military brat, but I’m not sure that’s really true.
GARY BORN: Army brat.
PROFESSOR SILBERMAN: Army brat and traveled a great deal and exposed to languages, lived everywhere. He went to Haverford College and University of Pennsylvania Law School. He clerked for Judge Henry Friendly on the 2nd Circuit and Justice Rehnquist on the Supreme Court. So Gary, I wonder about those experiences or exposures that led you where you are today: a renowned counsel in litigation and arbitration and as esteemed an arbitrator that you are.
GARY BORN: I guess the real question is not how I got here, but instead how I get out of here. As all the experienced counsel in the room know, sometimes the demands of clients make us, on the practitioner side, envy Professor Silberman and the others here in the audience from the academic side of the world and the enviable profession that you lead. I think most of the practitioners in the international arbitration world actually have, like me, secret aspirations to be on the academic side. So I think we should flip this interview around probably: