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“While this rationale for dissents makes sense

in the context of arbitration between states, it is

more problematic in the context of international

commercial arbitration, which is, after all, a

mainly private system of dispute resolution,

although it is governed by statutes and treaties

and often relies on public courts to enforce

arbitration agreements and awards. The private

qualities of arbitration, especially the principle

of confidentiality, are usually thought to weigh

against publication of awards and dissenting

opinions. Arbitration, of course, has no system

of stare decisis or precedent. Arbitrators are not

bound to consider the decisions of earlier

tribunals or panels. Nor is there any formal

review of the law applied in arbitral awards, so

there is less need to provide a source for

consideration by appellate bodies. Indeed,

errors of law are generally not a basis for

vacating awards under domestic law or for

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X:\DAR\DANGEROUS DISSENTS

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