ARTICLE
30 November 2018

Gaillard's Chaos Theory

SS
Shearman & Sterling LLP
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Partner Emmanuel Gaillard (Paris–International Arbitration) delivered the 2018 Lalive Lecture in Geneva on July 5, 2018. In the lecture titled "The Myth of Harmony in International Arbitration,"
France Litigation, Mediation & Arbitration
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Partner Emmanuel Gaillard (Paris–International Arbitration) delivered the 2018 Lalive Lecture in Geneva on July 5, 2018. In the lecture titled “The Myth of Harmony in International Arbitration,” Emmanuel Gaillard explored the impact of the notion of harmony on international arbitration and discussed how the notion, traditionally seen by lawyers as a positive value, can be manipulated to promote certain outcomes or ideologies. He argued that unscrutinized and mechanical use of harmony paradoxically produces inharmonious results and places harmony above justice in defavorem arbitrandum (i.e., contrary to the interest of arbitration).

Professor Emmanuel Gaillard further noted that the lack of harmony should not be lamented, as a little bit of chaos is necessary for the evolution of the field.

Learn more about Gaillard’s Chaos Theory in the full report published in Global Arbitration Review.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
30 November 2018

Gaillard's Chaos Theory

France Litigation, Mediation & Arbitration
Contributor
Our success is built on our clients’ success. We have a long and distinguished history of supporting our clients wherever they do business, from major financial centers to emerging and growth markets. We represent many of the world’s leading corporations and major financial institutions, as well as emerging growth companies, governments and state-owned enterprises, often working on ground-breaking, precedent-setting matters. With a deep understanding of our clients' businesses and the industries they operate in, our work is driven by their need for outstanding legal and commercial advice.
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