Comments on the Use of DissentingOpinions

Abstract

The author describes the different types of dissenting opinions and the different approaches towards the issuing of dissenting opinions in different jurisdictions, with a particular emphasis on Sweden, Italy, Austria and Germany. Subsequently, the author analyses the differences between deliberations of state court judges and deliberations by arbitral tribunals. On this basis, characteristic features of arbitrators’ deliberations are identified. Lastly, the author sets out parameters that may serve as guidelines for expressions of arbitrator’s dissent.