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Born v. Born: The Battle of Scholarly Citations in the Canadian Supreme Court’s Uber v. Heller Decision
Most individuals with involvement in international arbitration—as a scholar, practitioner, arbitrator, or as a brave student participating in a moot competition—have cited Gary Born for some legal principle. Indeed, sometimes this name is cited by opposing sides in support of their contrary legal arguments. While this has been a common practice among students and, in particular, Mooties, it now seems that a similar practice is reflected in the majority and dissenting opinions in the long-waited and important international arbitration decision, Uber v. Heller, 2020 SCC 16.