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of his experience with the train, the plaintiff

will undoubtedly never park an automobile in

the vicinity of a railroad track again, but from

his experience with this lawsuit, he will

undoubtedly also feel that he should remain far

away from the courts because, from his point of

view, a collision with Court-inspired law can be

as devastating as a collision with a railroad

locomotive.”18

As Judge Fuld observes, it is not necessary for the dissenter to use

a sledge hammer to drive home the point that the majority do not know

what they are talking about. A rapier will do just as well, as with the

English jurist who is reported to have said: “I am dissenting for the

reasons so ably expressed in the majority opinion”.19

So, it may be said, if the dissenting opinions of judges may be of

value, even if only as a way of letting off steam, what is wrong with

dissenting opinions in commercial arbitration – and particularly in

international commercial arbitration?

18 19 Fuld, op. cit. at p.925. Ibid. The same, possibly apocryphal dissent, is mentioned in Alder “Dissents in Courts of Last Resort: Tragic Choices?”, Oxford Journal of Legal Studies, Vol. 20, Issue 2, p.221 to 246 - a scholarly review and analysis of judicial dissent.

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