One of the main duties of the arbitrator is to write his decision in the form of an award. How does the arbitrator attend to this work? For whom is the award drafted? The Bulletin is thankful to Professor Marcel Fontaine and Judge Humphrey LLoyd for sharing their invaluable experience and know-how on this subject, from a civil law and a common law perspective, respectively. David T. McGovern completes these presentations with a clear description of the scrutiny process of draft awards by the ICC International Court of Arbitration, based on his extensive knowledge of the process gained as a member of the ICC Court for several years.

Introduction

The arbitration procedure culminates in the arbitral tribunal's decision. The arbitrator or arbitral tribunal determines the solution to the dispute and sets out its decision in a document called the "award". The parties' respective claims will be allowed or rejected in conclusions which settle the dispute finally. By agreeing to take part in an arbitration procedure, the parties have undertaken in advance to abide by the award; enforcement proceedings may be used to compel any reluctant parties to comply with the award.

Hence the arbitral award is the keystone of the arbitral process. The drafting of a final award is the main responsibility of the arbitrator or arbitrators. This task is both delicate and essential.

True, the arbitral tribunal drafts other documents for the parties' attention. A regular and sometimes substantial body of correspondence is exchanged between the tribunal and the parties throughout the whole length of the procedure. Letters composed by the chairman of the tribunal addressed to the legal advisors have to be drafted extremely carefully. At the formal level, the tribunal settles certain procedural questions (laying down time limits for the exchange of submissions, the production of documents, the appointment of an expert, the organisation of hearings, etc.) simply by means of measures ordered by the chairman. Certain interim decisions are rendered in the form of interlocutory orders.1

The awards themselves fall into a number of different categories: final awards, preliminary awards, partial awards, interim, interlocutory or mixed awards, awards on agreed terms, etc., bearing in mind that terminology in this area is not always clearly established.2

All these various aspects concerning the tribunal's performance of the task entrusted to it call for particular care. This note relates solely to the drafting of awards as such, and is devised from the standpoint of the final award. Mutatis mutandis, certain of the comments set out below may however be applied to other types of awards, or even to directives by the tribunal. [Page31:]

I. For whom is the award intended?

The difficulty of drafting a good arbitral award stems to a large extent from the fact that the tribunal's decision is intended for a number of different addressees.

A. For the parties

Firstly, the award is obviously intended for the parties themselves. It is a question of notifying them of the arbitrators' decision. From its perusal of the award, each party should obtain a clear picture of the outcome of its own and its opponent's respective claims. Moreover, reading the reasons should make the party aware of the grounds on which the tribunal based its decision.

B. For the parties' counsels

However, the parties will usually have been represented and defended by their lawyers. To a large extent, it is they who will have constructed the legal arguments and adduced the evidence submitted to the tribunal. Whereas the parties themselves may be satisfied with the conclusions of the award and the grounds determining its outcome, the lawyers will be very keen to learn how the respective pleas were received by the arbitrators. They will wish to check that all their arguments were indeed taken into consideration and that the award is correct in every respect. The lawyer acting for the party who won the case will be concerned that the award contain the necessary requirements for any enforcement proceedings that may be needed. The lawyer for the losing party will hope to find the means of justifying himself in his client's eyes. He will examine it to find if it contains any grounds for recourse to have the award set aside.

C. For the International Court of Arbitration

In institutional arbitration, such as the procedure organised by the International Court of Arbitration of the International Chamber of Commerce, the draft award is scrutinised before it is signed. According to Article 21 of the Rules:

Before signing an award, whether partial or definitive, the arbitrator shall submit it in draft form to the ICC International Court of Arbitration. The Court may lay down modifications as to the form of the award and, without affecting the arbitrator's liberty of decision, may also draw his attention to points of substance. No award shall be signed until it has been approved by the Court as to its form.

Accordingly, in an ICC arbitration, the first recipient of the award is the Court itself. In their task of drafting the award, the arbitrators will wish to ensure that it will stand up to this preliminary scrutiny.

D. For the national courts

The award should be binding on the parties automatically, and in fact in most cases the tribunal's decisions are carried out spontaneously. Unfortunately, however, this is not always the case. The party who won the case may accordingly have to apply to a national court with a view to obtaining enforcement. This court will examine certain aspects of the award before allowing the request. It is not a matter of reviewing the substance of the decision, but of checking a variety of points relating to the regularity of the procedure and ensuring that the decision complies with the public policy of the place of enforcement.3 The person drafting the award will have to bear in mind the requirements of any countries where the decision might have to be recognised and enforced. In Article 26 of the ICC Rules of Arbitration, the Court and the arbitrator are required to "make every effort to make sure that the award is enforceable at law".

In other cases, a party who is discontent with the decision may try to have it set aside by the national courts.4 Here too, the grounds for setting aside are laid down precisely by the various legislations,5 and the person drafting the award will bear this in mind. [Page32:]

E. For international lawyers in general

Lastly, arbitrators are sometimes tempted to address their award to a wider public. It is not uncommon for points of law submitted to the tribunal to be particularly interesting and for the arbitrators' decision to be especially innovative. Precedents derived from arbitral case law are often cited as one of the main sources of the lex mercatoria.6 At the end of the examination of a difficult case, arbitrators will often wish to make their contribution to the development of the international law merchant.

The fact that the award is intended for such a variety of different individuals and entities adds to the content of the arbitral award. If it were intended for the parties alone, the award could no doubt be relatively short, its conclusions and main reasons presented in a simplified format. However, the need to fulfill all the legal requirements, under successive scrutiny from the Court of Arbitration, the lawyers and possibly the national courts, leads the arbitrators to a much more meticulous drafting, and to much more substantial developments of detail. Lastly, the possible hope of creating something that will form part of the body of legal opinion ("doctrine") for use on the occasion of subsequent publication may inspire even more elaborate compositions.

II. Content of the award

Under these circumstances, what is an arbitral award likely to contain?

A. Obligatory and optional information

In the first place, legal provisions often stipulate the content of the award, and its draftsman will have to comply with these according to the applicable law. Thus, in France, three articles of the New Code of Civil Procedure 1980 provide as follows:

Art. 1471 - The arbitral award shall succinctly set forth the respective claims and arguments of the parties.

The decision shall be reasoned.

Art. 1472 - The arbitral award should indicate:

- the names of the arbitrators who rendered it;

- its date;

- the place where it was rendered;

- the surnames and forenames or appellation of the parties, as well as their domicile or registered office;

- where appropriate, the name of the attorneys or any other persons who have represented or assisted the parties.

Art. 1473 - The award is signed by all of the arbitrators.

However, if a minority of them refuses to sign it, the others shall indicate this and the award shall have the same effect as though it had been signed by all of the arbitrators.7

The UNCITRAL Model Law provides that the award must be in writing, be signed by the arbitrator or arbitrators or at least a majority of them, that it must be reasoned (unless the parties have agreed otherwise, or in the case of an award on agreed terms), and that it must indicate the date when it was rendered, as well as the place of arbitration (Art. 31).

The rules of the various arbitration institutions may also contain provisions relating to the content of the award. For example, the Rules of the London Court of International Arbitration provide as follows:

16.1 The Tribunal shall make its award in writing and, unless all the parties agree otherwise, shall state the reasons upon which its award is based. The award shall state its date and shall be signed by the arbitrator or arbitrators.

This is not always the case. For example, the Rules of the ICC Court of Arbitration do not contain any particular requirement as regards the form and content of the award. However, despite this a certain number of indications of necessity have to be included in the award, and the Court will take care to ensure this when scrutinising the draft award.8 The three [Page33:] examples of regulations cited above (the French Code, the UNCITRAL Model Law and the LCIA Rules) do not lay down precisely the same requirements as regards content, but it would be difficult to imagine an award which did not state the parties' names, even in a case where the applicable law or rules did not seem to make this compulsory. Although there is no doubt that the identification of the lawyers is less necessary, it is useful. The award obviously has to be signed by the arbitrators,9 or a majority of them, which implies an indication of their identity. And how could one fail to date such a document,10 or to indicate the place where the award is rendered?11

B. Reasons

The question whether the award has to be reasoned is even more significant. It is well known that there are two different trends in relation to this highly important question.12

The law of many countries makes the grounds upon which the award is based a mandatory requirement, either by specifying this in the case of arbitral awards (cf. supra Article 1471 of the French Code), or by reference to judgments-a category which includes awards. In other countries, the requirement to set out grounds may result from custom.

However, in some countries there is a tradition of not stating the grounds for awards. This stems from a variety of reasons. In countries where arbitration is a service provided free of charge, it has been explained that the reason for this is to avoid overburdening the arbitrators with work ... (!)13 More generally, it is a question of leaving no leeway for recourse to the national court to have the award set aside.14 This fear is understandable in systems where it is actually possible to apply to the national courts for a review of the merits of the award.15

Although in those countries where it is the rule, the grounds are often viewed as an essential element of any dispute-settlement decision at the domestic level,16 this does not necessarily apply in the case of international arbitration.17 Under the New York Convention of 19 June 1958, lack of reasons is not in itself sufficient ground for refusing to recognise or enforce a foreign award; such lack of reasons would have to be deemed contrary to public policy in the country where the application for recognition or enforcement is presented.18 Yet in France, the Supreme Court (Cour de cassation) has held that "lack of reasons is not in itself contrary to public policy within the meaning of French private international law, provided the silence of the award does not conceal a decision on the merits of the case which is incompatible with such public policy or constitute an infringement of the rights of the defence".19 Similar stands have also been taken in other countries.20

All the same, at least for a lawyer from the civil law tradition, the reasons would seem to correspond to an essential requirement. They are considered "to be a fundamental guarantee that justice has indeed been rendered".21 The arbitrators' decision will be binding on the parties. It is important that it is seen as the [Page34:] result of a careful examination of the respective submissions, and of serious reflection as to whether they are well-founded. The conclusions should be seen to be the result of methodical reasoning.

The parties' support for the award-even the party who loses the case-depends on this. The statement that " ... most lawyers are concerned with results rather than with opinions"22 goes too far. While it is true that businessmen are unlikely to be interested in all the aspects of the legal discussion developed in the reasons, they will nonetheless wish to know the basic reasons why the tribunal disallowed their claim. Although the vast majority of awards are carried out spontaneously, this is largely due to the parties' confidence in the arbitrators' knowledge and wisdom.23 These virtues are certainly inferred, but it is better to demonstrate them in a clearly reasoned award.24

The reasons also enable certain aspects of the legality of the award to be checked, and, in particular, enable the arbitrators to deal systematically with all the arguments presented by each of the parties. This factor leads to giving the reasons a more systematic and developed appearance than if they were intended merely for the parties themselves. Here we find the concerns stemming from the fact that the award is also intended for the parties' lawyers, that it may have to undergo preliminary scrutiny by an arbitration institution like the ICC Court of Arbitration and that it runs the risk of subsequent examination by a national court.

Furthermore, the obligation for the award to be reasoned is the most salutary of constraints for the award's draftsman or draftsmen. Experience has shown that the exercise of writing is essential for ensuring rigorous reasoning. The first direction taken by the deliberations will not always stand up to the test of drafting when an attempt is made to formulate them in a proper form. Most often redrafting work will reveal gaps or even contradictions, and the arbitrators will have to fill these in or eliminate them by broadening their discussions. The problems in question would not even have come to light if the tribunal had restricted itself to merely notifying its conclusion.

Moreover, if the award settles new or controversial questions, its content will be of interest to a wider range of people than merely the parties to the dispute. We have already underlined that arbitrators often wish to contribute to the development of international commercial law through the publication of their award. If the arbitrators drafting the award take this route, it is clear that success will depend on the reasoning; the contribution of an ungrounded award would be minimal.25

In practice awards rendered under the auspices of the International Chamber of Commerce are always reasoned, although the Rules of the Court do not stipulate this as a requirement.

C. Recital of the facts and the pleas

The obligation, or the desire to set out reasons for the award of necessity leads the draftsman to present the facts on the one hand and the various pleas put forward by the parties on the other hand, in order to deal with each of them.

The drafting of this part of the award is often difficult. The facts may be extremely complex, and some of them may even be disputed. The parties present a whole range of submissions, some of which will come to light in the course of the procedure while others will be modified. Several thousands of pages may be filled with lawyers' submissions and files, the witness' statements, the experts' reports, and reports of hearings.

Clearly, there is no question of relating everything in the award. It is here that the draftsman will demonstrate his skills at synthesis. The summary of the facts will be confined to the essential points (even though arbitrators from common law countries tend to lend particular weight to this part of the award), taking a stand on any disputed points. The main themes of the parties' pleas will also be summarised, and the award will set out a preliminary list of the submissions in which the arguments were developed.26 If positions have [Page35:] changed in the course of the procedure, the award may point this out, while merely detailing the pleas as invoked in their final form.

One presentational difficulty stems from the fact that the pleas are not necessarily introduced by the claimant and then disputed by the defendant. The defendant may also raise certain pleas by way of counterclaim, to which the claimant will have to respond. If the award starts by presenting the claimant's position and follows this by the defendant's position, the first section will have to present the refutation of pleas which are only summarised in the second section, and this will be detrimental to the clarity of the discussion. There are several solutions to this. In particular it is possible to present in succession the claimant's pleas, followed by the defendant's answers-including any counterclaims-and then to set out the claimant's refutation of the defendant's pleas, even if it means going back over the defendant's position. Another method is to structure this part of the award on the basis of the pleas themselves, and to deal with each of them in an appropriate fashion depending on which party first introduced it.

In an arbitration which involves the initial drafting of terms of reference, as in the International Chamber of Commerce procedure (Art. 13 of the Rules), this document will be used as a constant source of reference for the draftsman of the award. It will be necessary to ensure that all the questions defined in the terms of reference are covered, as they all form part of the arbitrators' task.

D. Summary of the procedure

Before going on to summarise and discuss the merits of the case, the award contains a very useful section where the various stages of the procedure are set out precisely: the notification of the intention to resort to arbitration, the nomination of the arbitrator or arbitrators, the date of signature of the Terms of Reference, dates of the respective submissions, dates and places of hearings and references to minutes, references to any interim orders and awards that the tribunal may have rendered, etc. Such information enables certain aspects of the legality of the procedure to be checked.27 It also provides the points of reference which will enable the draftsman of the award to synthesize certain questions. It is unnecessary, for example, to recount in detail all the aspects of the dispute already settled by a partial award; unnecessary-as stated above-to present all the ins-and-outs of a plea elaborated at length in submissions.

E. The Tribunal's jurisdiction, applicable law

In an appropriate place, also in its initial sections, the award will establish the tribunal's jurisdiction, by reference to the arbitration clause or agreement; if challenged, it will make a ruling on this jurisdiction. It will specify what law or rules governed the procedure. It will indicate which law is applicable to the merits of the case, or will take a stand on this question if it is disputed. In the case of amiable composition, the award will take special care to refer to the parties' agreement which granted the arbitrators this prerogative.

F. Conclusion

The conclusion of the award is short in comparison with the earlier part of the award, but it is obviously essential and must be drafted with close attention to detail. The tribunal will take care to ensure that it includes all the aspects that it settled, whether rulings on the parties' respective rights or allocations of financial compensation.28

III. Who drafts the arbitral award?

This question does not arise in the case of a sole arbitrator. But what happens if-as is often the case-there is a tribunal of arbitrators?

There is no answer of general application.

Usually, the chairman of the tribunal plays a leading role in drafting the award. Very often he draws up a first draft which he submits to his colleagues for comment. He will redraft it to take account of their reactions until the text is accepted by at least the majority of the tribunal's members. The fact that the chairman has this special task is one of the justifications for his frequently receiving a greater share of the fees. [Page36:]

Another common procedure is for the arbitrators, having completed their deliberations, to decide to split the work between them, each taking responsibility for a particular section of the award (recital of the facts, the parties' claims, discussion of a particular point of law). If the dispute is governed by a law that one of the arbitrators is better acquainted with than his colleagues, it is often advisable to ask him to take charge of drafting the passages where certain delicate aspects of this legal system have to be discussed. All the contributions obviously have to be coordinated and integrated into a homogenous whole. This will usually be the task of the chairman. At the outset, when the work is shared out, care will have been taken to agree on the drafting standards, so that it is not apparent that the award was drafted by several different people.

The drafting tasks may also be shared out during the deliberations, before the tribunal has reached its decision. When an arbitrator defends a particular viewpoint that his colleagues do not hold, or when there are two or more conflicting points of view within the tribunal, it is good practice to ask the proponents of each view to draw up draft grounds based on their own opinion so that the written texts can be compared. The exercise is revealing; it often facilitates the final decision.

IV. Formal aspects

What form should the arbitral award be given?

There is great freedom in this area. The answer to the question is in part qualified by the requirements as to content. Thus the award will have to contain reasons and a conclusion (if reasons are mandatory). For the rest, the form of the award will depend on the practices and customs of its draftsman or draftsmen.

A. "Whereas"?

In particular, should the award be presented in similar form to a judgment, with the different paragraphs being preceded by adduced reasons (attendus-whereas)? This question only really arises in countries where judgments are drafted in this style. Even in such countries, the drafting of arbitral awards often adopts a freer form of presentation, which perhaps accords better with the character of arbitration.

In an international arbitration involving a tribunal of arbitrators from different backgrounds, the free presentational form appears far and away the most common.

B. Structure

A good award should contain a minimum of structure, particularly if it is quite long. In the interest of the different individuals and entities for whom the decision is intended, a text comprising several dozen pages should not be issued without the headings, sub-headings and other subdivisions necessary for finding one's way and rapidly locating the different elements of the award. After a preamble setting out the names of the parties and the arbitrators as well as a short summary of the main stages of the procedure, an award will itemize separately such matters for example as the recital of facts, the list of claims, the presentation of the parties' respective positions and the discussion of these stands by the tribunal, progressing methodically from one problem to another-leading up to the conclusion. It is often convenient to number the paragraphs or groups of paragraphs to facilitate cross-referencing within the award.

C. A literary work?

So far as the style itself is concerned, this will depend on the draftsman's personality. However, an award is not a literary work. The style must be meticulous, but the text is similar to a scientific document, and has to present the facts as precisely as possible and take a solidly justified legal stance. Clarity and rigour are certainly desirable, as is conciseness.

D. A calm approach or righteous anger?

Should the award adopt an impassive tone?

Many disputes submitted to arbitration are between parties of equal good faith, compelled by circumstance to a dispute that they have uprightly submitted to the tribunal. The discussions are courteous, and the tribunal has a total sense of serenity in discussing and drafting the award.

In other cases, however, it will be clear that one of the parties has failed discreditably in its obligations, or that in the course of the arbitral procedure it is using all possible tactics for disrupting the procedure or holding up its [Page37:] progress. Sometimes both parties are equally aggressive towards one another, raising the temperature of the procedure disagreeably and complicating the arbitrators' task.

In such circumstances, how can one avoid feeling a certain sense of irritation?

When he takes up his pen, however, the arbitrator will take care to regain a suitably calm frame of mind. Just as a party often harms its case by aggressive behaviour, the tribunal runs the risk of jeopardising the credibility of its award if it contains emotive invective against one particular party or argument. This sort of style might also raise doubts on the tribunal's impartiality.

The above statement needs to be qualified, however. If the award brings to light illicit practices, or even particularly blatant examples of contractual default, it may be justified in condemning these in rigorous terms-but without misplaced anger. It is not simply a question of justifying the severe ensuing order; if the award is liable to be published, it is useful to draw people's attention to the arbitral tribunals' reaction to defaults of this kind.

E. Failures by lawyers or third parties

A different, but equally delicate question, is the case where the tribunal ascertains that a lawyer acting for one of the parties has committed an error or omission. A claim against one of the defendants may be time-barred because the claimant's lawyer has been too slow in submitting it. The defendant is ordered to indemnify all the items of loss claimed by its opponent because its lawyer-too certain of winning on the main issues-has failed to dispute these items in the alternative.

Should the award bring such omissions to light, thus opening the way to a claim by the losing party against its lawyer? It would seem difficult not to record the facts on which the tribunal intends to ground its decisions, but no doubt the award will avoid combining these with devastating comments on the errors or omissions of the lawyer in question-the settlement of the dispute submitted to the tribunal does not call for this.

The same rule applies when the reasons of the award reveal omissions by a third party to the dispute, for example an insurance broker in a case between an insurer and the insured party.

If arbitration can be said to be an art, the drafting of an award is one of the most delicate of crafts. Good drafting involves many challenges: formulating the tribunal's decision clearly, setting out the reasons convincingly and dispassionately, according the appropriate attention to all the arguments put forward, demonstrating the legality of the procedure-and perhaps even contributing to the development of law.

1
W. Craig, W.W. Park & J. Paulsson, ICC Arbitration, 2nd ed., 1990, pp. 322-325.

2
Martin Hunter, "Final Report on Interim and Partial Awards of the ICC's Commission on International Arbitration", in the ICC International Court of Arbitration Bulletin, Vol. 1/N° 2, 1990, pp. 26 and foll.; M. de Boisséson, Le droit français de l'arbitrage interne et international, 1990, pp. 807-809; W. Craig, W.W. Park & J. Paulsson, op. cit., pp. 320-325.

3
Cf. in particular the 1958 New York Convention for the recognition and enforcement of foreign arbitral awards, Article 5; the UNCITRAL Model Law on international commercial arbitration, Art. 36; the French New Code of Civil Procedure, Articles 1498 to 1500. On these questions, cf. R. David, L'arbitrage dans le commerce international, 1982, pp. 503-512 and 527 - 556.

4
We know however that some countries have eliminated (B. Hanotiau "Développements récents, en matière d'arbitrage commercial international en Belgique", Rev. Dr. Aff. Int., 1988, pp. 839-844) or restricted (J.F. Poudret, "Les voies de recours en matière d'arbitrage international en Suisse selon le Concordat et la nouvelle loi fédérale", Rev. Arb., 1988, pp. 595-638) resort to setting aside international arbitral awards.

5
Cf. in particular the UNCITRAL Model Law, Art. 34; the French New Code of Civil Procedure, Art. 1504, referring to Art. 1502. Cf. R. David, op. cit., pp. 513-527 and 556-562.

6
Cf. in particular B. Goldman, "Frontières du droit et lex mercatoria", Arch. Phil. Dr., 1964, pp. 177-192; B. Goldman, "La lex mercatoria et l'arbitrage international: réalités et perspectives," Journ. Dr. Int., 979, pp. 475-505; J.L. Lew, "The case for the publication of arbitration awards" in The Art of Arbitration (Libor amicorum P. Sanders), 1982, pp. 223- 232; I. Paulsson, "La lex mercatoria dans l'arbitrage CCI", Rev. Arb., 1990, pp. 55-100.

7
On these provisions, cf. M. de Boisséson, op. cit., pp, 323-328.

8
It will be recalled that Article 26 of the Rules invites the Court and the arbitrators to "make every effort to make sure that the award is enforceable at law"; this implies ensuring that the award contains all the elements for facilitating its recognition and compulsory enforcement (W. Craig, W.W. Park & J. Paulsson), op. cit., p. 326).

9
Articles 21 and 22 of the ICC Rules moreover impose this impliedly. Regarding the signature of the award, cf. W. Craig, W.W. Park & J. Paulsson, op. cit., pp. 359-361.

10
The indication of the date in particular enables it to be checked whether the arbitrators have ruled within the time limits of the powers vested in them.

11
In the law of certain countries, the place of the award determines the award's nationality, an important characteristic from the standpoint of enforcement (R. David, op. cit., p. 498).

12
Cf. in particular M. Domke, "Arbitral Awards without Written Opinions: Comparative Aspects of International Commercial Arbitration," in Legal Essays in Honor of Hessel E. Yntema, 1961, pp. 249-261; R. David, op. cit. pp. 442-456; M. de Boisséson, op. cit., pp. 803-805; W. Craig, W.W. Park & J. Paulsson, op. cit., pp. 327-328.

13
M. Domke, op. cit., p. 261.

14
"An attack through court proceedings to vacate the award would generally follow any expression of dissatisfaction with the reasoning and the result of the award … Written reasons accompanying the awards and exposed to challenge in courts would delay the finality of the arbitration process and endanger the prestige which commercial arbitration has won all over the world as a means for a fair and speedy method of dispute settlement" (Ibid. p. 261).

15
This was the case in Great Britain, where the courts were able to set aside awards on the ground of errors of fact or law. These powers have been considerably reduced by the 1979 Arbitration Act, the High Court even having the power, in certain cases, to require the arbitrator to give reasons for his decision (cf. W. Craig, W.W. Park & J. Paulsson, op. cit., pp. 465-482).

16
Cf. in particular M. Huys & G. Keutgen, L'arbitrage en droit belge et international, 1981, pp. 305-306.

17
The requirement is also recognised in the context of amiable composition: M. de Boisséson, op. cit., p. 327.

18
R. David, op. cit., pp. 453-454; W. Craig, W.W. Park & J. Paulsson, op. cit., p. 328.

19
Cass. civ. 1re, 18 March 1980, Journ. Dr. Int., 1980, 874, note Loquin. Cf. however, the discussion of the problem in M. de Boisséson, op. cit., pp. 804-805.

20
For example, in Italy (R. David, loc. cit.) and in Belgium (M. Huys & G. Keutgen, op. cit., p. 412).

21
R. David, op. cit., pp. 442-443.

22
W.N. Seymour, cited by M. Domke, op. cit., p. 255.

23
W. Craig, W.W. Park & J. Paulsson, op. cit., p. 327.

24
With regard to the presentation of a dissenting opinion by one or other arbitrator as an appendix to the award, cf. in particular W. Craig, W.W. Park & J. Paulsson, op. cit., pp. 322-325; see also Martin Hunter, "Final Report on Dissenting Opinions of the ICC's Commission on International Arbitration", in The ICC International Court of Arbitration Bulletin, Vol. 2/N° 1, 1991, pp. 32 and foll.

25
R. David, op. cit., pp. 455-456.

26
Cf. infra p. 35.

27
R. David, op. cit., p. 438.

28
Ibid., p. 439.