Shearman And Sterling

International Arbitration, Gates of Palais de Justice

July 05, 2018

Gaillard's Chaos Theory


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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.