Dissenting opinions in arbitral awards

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Dissenting opinions in arbitral awards
  • What is the value of a dissenting opinion?
  • How is dissent expressed?
  • How common are dissenting opinions?
  • Requirements of AA 1996 and leading institutional rules
  • AA 1996
  • International Chamber of Commerce (ICC) Arbitration Rules
  • London Court of International Arbitration (LCIA) Arbitration Rules
  • UNCITRAL Arbitration Rules

Dissenting opinions in arbitral awards

Stop press: The International Court of Arbitration of the International Chamber of Commerce (ICC) has released updates to its ‘Note to Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration’ (the ICC Note). The revised ICC Note took effect on 1 January 2021 to coincide with the entry into force of the 2021 ICC Arbitration Rules (2021 ICC Rules). The ICC Note was last updated in 2019 and the updated version will apply to all ICC arbitrations regardless of the version of the ICC Arbitration Rules apply in a particular case. For further information on the 2021 ICC Note, see: Updates to ICC Note released to reflect 2021 ICC Rules and on ICC arbitration proceedings more generally, see: ICC arbitration—overview.

In arbitration proceedings presided over by three-member arbitral tribunals, there may be circumstances in which the arbitrators cannot reach a unanimous decision on the substantive dispute or significant issues such as jurisdiction. In those circumstances, in arbitrations under the Arbitration Act 1996 (AA 1996) and under the leading arbitration rules, arbitral awards can be rendered by a majority of the tribunal.

What is the value of a dissenting opinion?

Dissenting opinions do not give grounds for any form of challenge or appeal of an arbitral award unless the parties, by agreement or by adopting particular sets of

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