الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم ،The arbitral award and costs

The arbitral award and costs

How common are partial or
interim awards and separate
dissenting opinions?

Most interviewees agreed that separate
dissenting opinions have limited value and
should only be issued in exceptional cases,
such as when an arbitrator feels that an
egregious error was made. Many criticised
dissenting opinions for weakening the
authority of the award and providing the losing
party with a roadmap for challenging the
award. On the other hand, some experienced
arbitrators said that separate dissenting
opinions can be useful as they force arbitrators
to deliberate longer and to discuss their
reasoning in greater depth. Most interviewees
also confirmed that it is more common to
have dissents embedded in the award without
stating who the dissenting arbitrator is
(e.g., ‘the majority decided...’).


الهيئة الدولية للتحكيم