Emmanuel Gaillard heads Shearman & Sterling’s International Arbitration practice.
He has acted as counsel in over 300 international arbitrations, both commercial and investor-State, ad hoc and under all major international arbitrations Rules. He has acted as arbitrator in over 50 international proceedings, primarily under the aegis of the ICC and ICSID. He regularly appears as expert witness on arbitration law issues, before arbitral tribunals or national courts.
Emmanuel Gaillard has written extensively on all aspects of arbitration law, in French and in English. His publications include Fouchard Gaillard Goldman On International Commercial Arbitration (Kluwer, 1999); the first published essay on the legal theory of international arbitration based on his Course at The Hague Academy of International Law (Aspects philosophiques du droit de l'arbitrage international (Martinus Nijhoff, 2007), soon to be published in English as Legal Theory of International Arbitration); and La Jurisprudence du CIRDI (Pedone, 2004), a volume dedicated to ICSID case law.
Emmanuel Gaillard teaches International Arbitration and Private International Law at Paris XII University. He is an Agrégé des Facultés de droit and holds a Ph.D from the University of Panthéon-Assas (Paris II). He speaks French and English.
Emmanuel Gaillard is a member, appointed by France, of the ICSID Panel of Arbitrators. He chairs the International Arbitration Institute (IAI).
The English-language edition of lectures delivered by Professor Gaillard at the Hague Academy of International Law in the summer of 2007 is now available under the title “Legal Theory of International Arbitration”. The French-language edition of the book (“Aspects Philosophiques du Droit de l’Arbitrage”) was published in 2008 as the first in a new pocketbook series launched by The Hague Academy.
In his book, Professor Gaillard identifies and discusses the principles at the heart of arbitration (autonomy and freedom), examining the internal coherence and practical consequences of issues such as the freedom of the parties to choose a private means of dispute settlement over the jurisdiction of the state courts, to appoint individual arbitrators, to shape the procedure, to determine the law applicable to the substance of the dispute by referring to the legal system of a country or even to no legal system at all, as well as the freedom of the arbitrators to decide on their own jurisdiction and determine the procedure and the applicable law if the parties are silent.