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
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.
London, 16 March 2005