X hits on this document

95 views

0 shares

0 downloads

0 comments

28 / 36

and to insist that it be communicated to the

parties.”42

A similar point is made by Judge Richard Mosk and Mr. Tom

Ginsburg. They say:

“Although party-appointed arbitrators are

supposed to be impartial and independent in

international arbitrations, some believe that

with the availability of dissent, arbitrators may

feel pressure to support the party that appointed

them and to disclose that support.”43

The third point goes to the relationship between the people who sit

as members of the arbitral tribunal. They may come from different

professions: lawyers, accountants, engineers – or whatever the exigencies

of the case demands. In an international arbitration, they will generally

come from different legal backgrounds, with different languages and

perhaps different cultures. Yet for the purpose of the arbitration, and of

arriving at a decision they must try to work together, honestly and

impartially.

42 de Boisséson, “Le Droit Français de l’Arbitrage National et International”, 1998 at p.802 (my translation).

43 “Dissenting Opinions in International Arbitration”, at p.275, in “Liber Amicorum Bengt Broms”, cited in footnote 40.

  • -

    28-

X:\DAR\DANGEROUS DISSENTS

Document info
Document views95
Page views95
Page last viewedSun Dec 11 06:38:19 UTC 2016
Pages36
Paragraphs848
Words7635

Comments