Search results for "Separate opinions"
showing 2 items of 2 documents
Investment Arbitration and the Controverted Right of the Arbitrator to Issue a Separate or Dissenting Opinion
2018
Abstract Although dissents are not generally encouraged in international arbitration, they are a reality of investment treaty disputes. About one in five cases includes at least one separate or dissenting opinion. The ICSID Convention is rare among investment arbitration rules to expressly recognise the right of the arbitrator to attach his or her personal opinion to the award. Other investment arbitration rules are silent on the topic. And yet dissenting opinions are an established feature of several international courts and tribunals and their role is often viewed more benevolently than in investment arbitration. The article explores the perceived advantages and disadvantages of dissents …
Rilevazione, creazione, resistenza: l'opinione separata e il diritto internazionale
2022
Separate opinions have made the object of extensive scholarship in recent decades: in the international legal order, this is a consequence of that institution’s peculiar success, as virtually all judiciary and quasi-judiciary bodies allow for the allegation of separate opinions (either concurring or dissenting) to their rulings. This contribution tests the impact of separate opinions on subsequent case law and opinions, on the process of international law-making, and eventually on the mechanisms through which the Italian legal order adapts to international law as interpreted by international judiciary or quasi-judiciary bodies. The practice under scrutiny is admittedly multifarious; yet, it…