Arising from the practice in common law system1 and later in international tribunals,2 dissenting opinions are the individual opinions of the arbitrator attached to the award, expressing the disagreement with the majority.
II. General investment arbitration practice
Dissenting opinions do not affect the reason or the result of the award, and do not apply the rule of stare decisis or precedents. However, some authors believe that they have some effect on an award expressing customary international law.6 They are invoked as a basis for annulment requests.
The practice of joining dissenting opinions in investment arbitration is criticized for potentially violating confidentiality requirements, deliberately criticizing the majority decision, and rendering by the arbitrator appointed by the party that lost the case.7
GENERAL LIST OF DISSENTING OPINIONS IN INVESTMENT ARBITRATION
I. Dissenting opinions at the jurisdictional and merits stages
II. Dissenting opinions in rectification, annulment and enforcement proceedings
a) Rectification of Award
b) Annulment proceedings
c) National Courts proceedings
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