w88 casino News Network (provided by the Law w88 casino)2On March 28, 2019, Professor Emmanuel Gaillard, an authority in the field of international arbitration, visited w88 casino and held a lecture titled "The Lack of Order in International Commercial Arbitration at the International Exchange Center Building.Special lecture on "Lack of Lack and Coordinated Resolution". More than 200 guests from industry and teachers and students of the Law w88 casino listened to the lecture.
In the opening speech, Professor Gong Hongliu, Vice Dean of the Law w88 casino of the w88 casino, first expressed a warm welcome to Professor Emmanuel Gaillard for his visit to w88 casino on behalf of the Law w88 casino, and then Professor Shen Sibao hosted the lecture. Professor Shen introduced Professor Gaillard’s rich professional background to all the guests. Professor Gaillard is the global leader of the dispute resolution practice of Sherman & Sterling LLP. He has extensive experience in commercial arbitration and investment arbitration. Not only has he represented a large number of arbitration cases involving governments, companies, and state-owned enterprises as a lawyer, but he is also a senior arbitrator. Many of the cases he has represented involved huge amounts in dispute, including the Yukos Oil Company v. Russia case. Professor Gaillard, as the attorney for the major shareholder of Yukos Petroleum Company, helped his client win a US$50 billion arbitration award in this case. In addition to teaching at the University of Paris 12 for a long time, Professor Gaillard also serves as a visiting professor at Yale Law w88 casino and Harvard Law w88 casino, and has published many influential papers and books in English and French.
Professor Emmanuel Gaillard first pointed out in his lecture that in the dynamic international commercial dispute resolution practice, subtle changes in any link will bring long-term and huge chain reactions to the overall dispute resolution mechanism, and cause chaos or disorder. Professor Gaillard believes that in complex international cases that may involve multiple jurisdictions, coordination and comity among multiple dispute resolution methods are crucial to ensure fair results and improve dispute resolution efficiency. This coordination and comity should specifically include three parts: (1) More and more countries have recognized the principle of autonomous jurisdiction of the arbitral tribunal at a higher level. The negative effect of the autonomous jurisdiction of the arbitral tribunal is to exclude the court's early review of objections to the jurisdiction of the arbitral tribunal, and give priority to the parties' expressions of intention about arbitration as much as possible. The court presumes that the arbitral tribunal has jurisdiction when reviewing objections to the jurisdiction of the arbitral tribunal; (2) the arbitral tribunal can issue an injunction requiring the parties to stop repeated prosecutions in the court, and the court can also make an order requiring the parties to stop repeated prosecutions in the arbitral tribunal. Ban, but this may trigger multiple bans between arbitral tribunals and courts, causing confusion in the resolution of international commercial disputes; second, coordination between different arbitral tribunals, for example, in commercial arbitration, it should not be allowed to repeat the same thing, and in investment arbitration, investors should be prohibited from repeatedly suing for the same fact based on the abuse of rights under different bilateral investment agreements; third, the coordination between courts in various countries regarding arbitration, when the executing court recognizes and enforces foreign arbitral awards, the focus should be on the arbitral award itself, and should not pay too much attention to the relevant judgments of other countries' courts on the arbitration.
Professor Emmanuel Gaillard’s wonderful lecture aroused enthusiastic response from the audience. During the question-and-answer session hosted by Vice President Gong Hongliu, teachers and students of w88 casino and guests from all walks of life had a 40-minute discussion with Professor Gaillard. Professor Gaillard not only patiently and carefully provided further answers to the content involved in his speech, but also made essential comments on hot issues such as China's international commercial courts and the Belt and Road dispute resolution mechanism.
The wonderful professional academic lectures brought by Professor Emmanuel Gaillard’s visit will help enhance the dynamic understanding and understanding of the new developments in international commercial arbitration among teachers and students of w88 casino. After the speech, the Law w88 casino held a cocktail party for the guests. Professor Emmanuel Gaillard and several other partner attorneys from Sherman & Sterling LLP continued to have in-depth discussions with the guests. The event ended successfully in a warm atmosphere.
