Dissenting Opinions in International Arbitration

Abstract

Contemporary international arbitration has less to risk and more to gain from dissent than ever before. This paper contends that international arbitration has matured to the extent that, the potential role for dissent is comparable in scope and value, to the established role dissent has in the common law court and International Court of Justice. The author argues that the full value of dissent can now be realised because the risks posed are less and moreover, can be adequately managed. Domestic legal systems, and institutional arbitral regimes alike, have established practices, which serve to reduce the threat traditionally posed by dissent. The author asserts that further targeted regulation is necessary in order to maximise the benefits provided by dissent and reduce the associated risks.