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into disrepute. It is difficult enough, as has already been said, for

a disparate group of arbitrators, brought together perhaps for the

first time and often of different nationalities and backgrounds, to

reach a unanimous decision on matters on which the parties

themselves and their experienced advisers have been unable to

agree.

It

does

not

help

if,

for

whatever

reason,

one

of

the

members of the tribunal decides to rock the boat.

At present, a generally relaxed attitude towards dissenting

opinions seems to be taken not only by the arbitral institutions,

but also by arbitrators themselves. It is perhaps time for a change.

It would be too much to demand conformity from all arbitrators,

but the time has perhaps come to enquire whether the present

leniency towards dissenting opinions, however offensive they

may be, has gone too far.

Alan Redfern

London, 16 March 2005

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X:\DAR\DANGEROUS DISSENTS

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