The Majority Vote of an International Arbitral Tribunal – Vol. 2 No. 4

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AuthorStephen M. Schwebel*

Published: December 1991

Arbitral Adjudication
International Character of Dispute
Arbitral Awards
Confirmation of Authentication

Description: Is a majority vote in an international arbitral tribunal, the compromis or governing rules of which provide for decisions by majority vote, dispositive, or may the effectiveness of that vote be challenged on the ground that one of the two arbitrators constituting the ostensible majority stated a position which shows that he did not support, or fully support, the award which was carried by his vote?

This question was one of two questions of interest to the international arbitration community on which the International Court of Justice ruled in 1991 in its Judgment in the Case Concerning the Arbitral Award of 31 July 1989, On this question, the Court was unanimous.

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*Judge of the International Court of Justice.