Both the admissibility and appropriateness of issuing dissenting opinions in international arbitration have always been much debated questions, while little, if any, attention has generally been paid as to how dissents can be treated in the award. This article provides an overview of the multiple alternatives open to arbitrators when tackling the issue. A worldwide survey on 107 national arbitration laws and numerous international arbitration rules serves as a comparative introduction to the topic. The germane Swiss Federal Supreme Court’s case law is analysed thereafter, followed by a concise summary of the different positions among legal commentators. A commented list comprising 25 options to deal with dissents in the award closes the article.
ASA Bulletin