Emmanuel Gaillard founded Shearman & Sterling’s 100-lawyer International Arbitration practice. He is the Firm’s Global Head of Disputes and Global Head of the International Arbitration Practice Group. A Professor of Law in France, he serves as a Visiting Professor of Law at Yale Law School and Harvard Law School.
Professor Gaillard is universally regarded as a leading authority in the fields of both commercial and investment treaty arbitration.
He has advised and represented companies, States and State-owned entities in hundreds of international arbitrations. He also acts as arbitrator and expert witness.
Over the course of his career, Professor Gaillard has acted on many international arbitration landmark cases. In addition to the USD 50 billion award secured for the majority shareholders of the former Yukos Oil Company, he acted on the ICC arbitration brought by The Dow Chemical Company against Petrochemical Industries Company of Kuwait, which led to a USD 2.47 billion award in favor of Dow Chemical.
Professor Gaillard is widely regarded as one of the top practitioners worldwide. He is one of the only two lawyers recognized as a ‘star individual’ in international arbitration worldwide by Chambers. He is also distinguished as the number one thought leader globally in Who’s Who Legal: Arbitration 2020. Professional directories and publications have noted Professor Gaillard’s “incredible wealth of knowledge and experience” and “fantastic record in the field”. He is praised for “his understanding of multiple perspectives to a case” and “universally recognised as one of the stars of international arbitration”. Who’s Who Legal: Commercial Arbitration 2018 comments that he is “absolutely outstanding” and “a real star in the field”. A previous edition of the same guide had stated that “there is no one in this profession better or even equally formidable”.
Professor Gaillard has written extensively on all aspects of arbitration law, in French and in English. Co-author of a leading treatise in the field (Fouchard Gaillard Goldman On International Commercial Arbitration), he authored the first published essay on the legal theory of international arbitration. The volume, originally published in French (Aspects Philosophiques du droit de l’arbitrage international), was subsequently published in English (Legal Theory of International Arbitration), as well as in Arabic, Chinese, Spanish and a number of other languages. He co-authored, as expert acting for UNCITRAL, the UNCITRAL Secretariat Guide on the New York Convention, published in the six official languages of the United Nations.
Professor Gaillard also served as member of the ICSID Panel of Arbitrators, appointed by France (2006–2018). He chairs the International Arbitration Institute (IAI) and was the first President and one of the co-founders of the International Academy for Arbitration Law (AIDA).
Professor Gaillard has served as Chairman, Sole arbitrator or member of the tribunal in numerous international arbitration proceedings under the Arbitration Rules of ICSID, ICC, LCIA, SIAC, IACAC, AAA, Franco-German Chamber of Commerce, Zagreb Chamber of Commerce, Geneva Chamber of Commerce and Industry, Cairo Regional Center for International Commercial Arbitration (CRCICA), as well as in ad hoc (including UNCITRAL) arbitration proceedings. He was a member of the ICSID Panel of Arbitrators, designated by France (2006–2018).
Investment arbitrations in the public domain include:
Emmanuel Gaillard regularly appears as expert in international arbitration proceedings as well as in court proceedings, in particular with respect to the recognition and enforcement of arbitral awards in a number of countries.
Mandates as expert include:
D.E.A. Criminal Law
D.E.A. Private Law