Gaillard's Chaos Theory

Author:Mr Emmanuel Gaillard
Profession: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,” 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).

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