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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Separate Opinion: Investment Arbitration

Julian Scheu

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Arbitrators — Deliberation and drafting — Concurring, dissenting, separate, joint or individual opinions

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Pursuant to Article 48 Convention on the Settlement of Investment Disputes between States and Nationals of other States, 1965 (‘ICSID Convention’) (International Centre for Settlement of Investment Disputes (ICSID)), arbitrators may attach an individual opinion to the award, whether they dissent from the majority or not. The provision illustrates that separate opinions are relevant in international investment arbitration. The practice derives from the historic fact that the ability to issue separate opinions is customary in State-to-State dispute settlement and...
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