I. INTRODUCTION

The crucial moment in every arbitration is the deliberation. When there is a sole arbitrator, the deliberating process only involves the skills of that individual, but when there is more than one arbitrator, the process also triggers some interpersonal dynamics among the arbitrators on which little attention has been paid, with some notable exception1. Domestic arbitration laws and regulations of arbitral institutions generally say little or nothing about the deliberating process. At best, they confine themselves to stating that deliberation meetings are necessary, but hardly contain any rule in this respect, other than occasionally prescribing that all the arbitrators must participate in the deliberation meetings and that deliberations are secret.2 In sum, it can be said that no strict formalities are required for the deliberation meetings. The French Cour de Cassation confirmed that “no specific form is required for the arbitrators’ deliberations”.3 There has not been much discussion either on the subject of dissenting opinions, even if they are often issued in the international arbitration practice. Most regulations of arbitral institutions simply do not contemplate (though not excluding) the possibility of issuing dissenting opinions4.