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Why dissent in arbitration tribunals must be encouraged

Monday, April 23, 2018 @ 9:18 AM | By Alexander Gay

A number of arbitrations have arbitral tribunals made up of a panel of three arbitrators. This is the case with larger arbitrations or in jurisdictions where there is no right of appeal and the parties want greater legal certainty from numbers. In cases where there is a three-member panel, there is always the possibility of a dissent. However, the role of the dissent in arbitration is not well understood by counsel and requires some clarification.

Arbitration legislation in Canada is silent on the ability of an...