Seven Dirty Tricks to Disrupt an Arbitration and the Responses of International Arbitration Law
At the Annual Lecture of AUWCL’s Center on International Commercial Arbitration, Professor Emmanuel Gaillard of Shearman & Sterling described “seven dirty tricks” that parties use to disrupt arbitral proceedings and how arbitrators and courts should respond to prevent recalcitrant behavior infecting the entire system.
Gaillard explained that the history of arbitration has been one of constant reaction against attempts by recalcitrant parties to disrupt proceedings in the hope of avoiding being bound by an award rendered on the basis of an arbitration agreement they previously accepted. He drew attention to the fact that such disruptive behavior could become increasingly frequent, spreading and infecting the entire field of international arbitration if it is not dealt with appropriately by courts and arbitrators.
Gaillard delivered this 15th annual international commercial arbitration lecture in a virtual setting on? 24 September 2020. The event – attracting more than 1,000 registrants – was sponsored by Arnold & Porter and hosted by AUWCL’s Center on International Commercial Arbitration. The lecture was introduced by Paolo Di Rosa, head of Arnold & Porter’s international arbitration group, and AUWCL Professor Horacio Grigera Naón, director of the Center, international arbitrator and a former secretary general of the ICC Court.
Professor Grigera Naón highlighted the importance of Gaillard’s contribution to the development of international arbitration as a practitioner and a recognized academic. He said that he is the head of Shearman & Sterling’s international arbitration and disputes groups, a professor of law in France, and serves as a visiting professor at Yale Law School and Harvard Law School. He added that Gaillard is a part of the “great French tradition” which has been shaping international arbitration around the world for decades.
A video of the full lecture is available here. Marija Šobat, associate at Shearman & Sterling, and Elena Ritchie, J.D. candidate at American University Washington College of Law, reported more in-depth on this conference for Global Arbitration Review, available here.
Samm