The 2003 Freshfields - Lecture Dissenting Opinions in International Commercial Arbitration: The Good, the Bad and the Ugly

摘要

The Freshfields/Queen Mary College Lecture for 2003 looks at dissenting opinions in international commercial arbitration. Such opinions are not discouraged. Indeed, under some rules of arbitration they are expressly permitted. Yet they risk breaching the confidentiality of the tribunal's deliberations. They also risk undermining the authority of the tribunal's award and in the process add little or nothing to the reputation of international commercial arbitration. An increasing number of international commercial disputes are being referred to arbitration; and they are likely to be referred not to a sole arbitrator, but instead to a tribunal of three arbitrators — unless the sums involved are not sufficient to justify this. Accordingly, there will generally be a link between the parties and the members of the tribunal: the parties themselves will each nominate or appoint one of the members of the tribunal as 'their' arbitrator and only the third arbitrator will be appointed 'independently'. In addition, all three arbitrators will have their fees and expenses paid by the parties, either directly or through an arbitral institution.