Abstract

A dissenting opinion, in short, is an expression of dissent by a minority arbitrator. Within the field of international maritime arbitration, institutional arbitral rules have begun codifying provisions on the release of a dissenter's view for greater certainty and clarity. This paper examines institutional arbitral rules containing explicit provisions on the release of dissenting opinion and considers the value of dissenting opinions, before surveying the reliance on dissenting opinions by parties in vacating or setting aside arbitral awards in the United States and English courts.