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decision. One of the grounds was that the arbitrator nominated by the

government had, as he alleged in his dissenting opinion, been excluded

from the deliberations of the arbitral tribunal. The Court upheld the award

and in doing so had some useful things to say about the process of

deliberation by which a tribunal reached its decision. In particular, whilst

the principle of equality amongst the arbitrators should be upheld, one

arbitrator should not be allowed to prolong the deliberations by

demanding continuing discussion, in an attempt to persuade the others to

adopt his point of view.

Does it matter, if an arbitrator enters a long dissent, with a

complaint against his or her arbitrators? Or, has as been suggested, is it

part of the price that has to be paid for the freedom that each party to an

arbitration has to select his or her arbitrator?

In my view, it does matter; and it matters for three reasons as I

mentioned earlier.

First, the authority of a judgment rests not only on the reputation of

the judges concerned but also on the reputation of the judicial system of

which they form part – including the appellate courts. This judicial

system should be strong enough to tolerate dissent – and even

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X:\DAR\DANGEROUS DISSENTS

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