Shearman And Sterling

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November 03, 2020

Gaillard Authors Article in Ius Comparatum


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Partner Emmanuel Gaillard (Paris-International Arbitration) authored an article titled “Comparative Law in International Arbitration” in the inaugural issue of Ius Comparatum, the new journal of the International Academy of Comparative Law launched in November 2020. 

Comparative law is routinely used in the practice of international arbitration. These two disciplines have followed similar trajectories and are closely connected. This article identifies four key functions of comparative law in international arbitration: comparative law as second nature for arbitrators, a source of inspiration for lawmakers (both national and transnational), a practical tool for litigants, and a source of law in its own right. The article then explores the methods of comparative law in international arbitration, analyzing in turn evidence of comparative law and the requirements of a cogent comparative law analysis.

Read “Comparative Law in International Arbitration.”

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