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13 - The Majority Vote of an International Arbitral Tribunal

Published online by Cambridge University Press:  06 November 2009

Stephen M. Schwebel
Affiliation:
International Court of Justice
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Summary

Is a majority vote in an international Arbitral Tribunal, the compromis or governing rules of which provide for decisions by majority vote, dispositive, or may the effectiveness of that vote be challenged on the ground that one of the two arbitrators constituting the ostensible majority stated a position which shows that he did not support, or fully support, the award which was carried by his vote?

This question was one of two questions of interest to the international arbitration community on which the International Court of Justice ruled in 1991 in its judgment in the Case Concerning the Arbitral Award of 31 July 1989. On this question, the Court was unanimous.

How the issue came to be posed

In 1960, the predecessor States of Senegal and Guinea-Bissau, France and Portugal, exchanged letters for the purpose of defining the maritime boundary between Senegal (then an autonomous State in the French Community) and the then Portuguese province of Guinea. After the accession to independence of Senegal and Guinea-Bissau, a dispute arose between them concerning the delimitation of their maritime territories. In 1985, they concluded an Arbitration Agreement for submission of that dispute to arbitration, which in part provided:

The Government of the Republic of Senegal and the Government of the Republic of Guinea-Bissau,

Recognizing that they have been unable to settle by means of diplomatic negotiations the dispute relating to the determination of their maritime boundary,

Desirous, in view of their friendly relations, to reach a settlement of that dispute as soon as possible and, to that end, having decided to resort to arbitration.

Type
Chapter
Information
Justice in International Law
Selected Writings
, pp. 213 - 222
Publisher: Cambridge University Press
Print publication year: 1994

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