Amiable composition
Power given by the parties to the arbitrators to seek an equitable solution to their dispute, by setting aside, if necessary the rule of law which would otherwise be applicable or the strict application of the contract. It is said that in this case, the arbitrator decides “ex æquo et bono”, as “amiable compositeur”, or in “equity”, these three expressions being often considered interchangeable. The only limit to the power of the arbitrator lies in international public policy, a breach of which would constitute a ground for refusing to enforce the award or for setting it aside (cf Action to set aside).
Glossary
- UNCITRAL
- Terms of Reference
- Swiss Chambers’ Court of Arbitration and Mediation (Swiss Chambers)
- Supporting judge
- Substantive law
- Sole arbitrator
- Singapore International Arbitration Centre (SIAC)
- Seat of arbitration
- Request for arbitration
- Provisional and conservatory measures
- Procedural law
- “Pathological clause”
- New York Convention
- Multiparty Arbitration
- London Court of International Arbitration – LCIA
- Lex Mercatoria
- Language of the arbitration
- Investment Arbitration or Investment Treaty Arbitration
- International public policy
- International Chamber of Commerce (ICC) International Court of Arbitration
- International Chamber of Commerce – ICC
- International Centre for Settlement of Investment Disputes (ICSID)
- International Arbitration
- Institutional Arbitration
- Independence and impartiality
- IBA Rules on the Taking of Evidence in International Arbitration
- Honk Kong International Arbitration Centre – HKIAC
- Exequatur
- Enforcement
- Competence – competence
- China International Economic and Trade Arbitration Commission – CIETAC
- Award by consent
- Award
- Arbitrator
- Arbitration rules
- Arbitration law
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- Arbitration agreement
- Arbitration
- Arbitral tribunal
- Arbitral institution
- Arbitral case law or Arbitral precedent
- Appointing authority
- American Arbitration Association - AAA
- Ad hoc arbitration
- Action to set aside