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Sir Robert Jennings Q.C., a former Judge of the International Court

of Justice, was appointed to consider this request for the removal of an

arbitrator. In his decision28, Sir Robert referred to his initial puzzlement

at “some of the seeming contradictions”29 in Judge Broms’ opinion and

then said:

“And there are other touches that seem to an

outside observer to be a strange way of

expressing a separate opinion. Eventually,

however one realises after many readings –

something that has probably been tolerably

obvious all along to the insiders – that it seems

a strange and unusual opinion for the reason

that it is a continuation in the form of an

Opinion of Judge Brom’s stance and arguments

made by him during the deliberations. He has

been unable to resist the temptation to continue

arguing with his colleagues, or at any rate with

the ‘smallest possible majority’ of them who

were not able to accept these views of his. Once

28 Decision of 7 May 2001 (hereinafter “Decision”). A summary of this Decision was published in (2001) 16(5) Mealey’s Int. Arb. Rep. (May 2001). The full text is available for purchase from Mealey’s electronic database.

29

Decision at p.5.

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