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Conflicting Decisions in International Arbitration

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image of The Law & Practice of International Courts and Tribunals

There has been much discussion recently, both in academic and practitioner circles, about inconsistency in international arbitration. The debate has concentrated on specific topics such as contradictory arbitral awards, the precedential value of arbitral awards, the creation of an appeal system, or the need for increased transparency. The present study argues that such debate has overlooked the fact that some, and perhaps most, of the perceived problems are a reflection of the underlying values that make international arbitration appealing to international economic actors. Specifically, the authors argue that instead of concentrating on far-reaching reforms, commentators should focus on refining currently existing techniques to deal with conflicting decisions in international arbitration.

Affiliations: 1: Partner, International Arbitration Group, Tavernier Tschanz, Geneva, Switzerland; 2: Assistant Professor of International Law, Graduate Institute of International and Development Studies (HEI), Geneva, Switzerland


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