LIDW: Dissenting Opinions: Friend or Foe?

1 Lady Hale Gate, Gray’s Inn, London, WC1X 8BS

Dissenting opinions have specific provisions in ISDS, such as article 48(4) of the ICSID Rules 2022. In commercial arbitrations, they have been tacitly allowed but ordinarily lack any express provision. In that context, do dissenting opinions serve any useful purpose that an award by majority would not achieve, or do they potentially amount to a breach of the so-called tribunal’s duty to render an enforceable award?

Speakers

• Frederico Singarajah – Gatehouse Chambers
• Jeffrey Elkinson – Conyers
• Professor Loukas Mistelis – Partner, Clyde & Co
• Gretta Walters – Chaffetz Lindsey
• Niamh Leinwather – Secretary General, VIAC