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failing to enforce them under the New York

Convention”.46

The authors conclude that:

“Arguments in favour of dissenting opinions are

thus related to, although not dependent on, the

issue of whether arbitral awards should be

published at all.”47

What, in summary, is the case against dissenting opinions

in international commercial arbitration? It is, first, that they may

inhibit that open discussion between arbitrators which ought to

take place secretly and within the confines of the arbitral tribunal.

Secondly, that they may cast doubts on the validity or authority

of the award made by the majority. Thirdly, that they do not

serve to advance the development of the law, since there is no

doctrine of precedence in arbitrations and, in general no appeal

against the award of an arbitral tribunal and no open publication

of that tribunal’s award.

46 “Dissenting Opinions in International Arbitration” op cit at footnote 40, at p. 267 and 268 (references omitted). Ibid, at p.269. 47

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