The Arbitrator's Decision by Amiable Composition and Ex Aequo et Bono: The Conceptual Paradigm
Article from: TDM 3 (2004), in Mediation & ADR
In international arbitral practice it is now well established that the arbitrator's authority to act as amiable compositeur (friendly arbitrator) is derived from two sources, namely (a) the parties' express consent or agreement and (b) the applicable lex arbitri that permits that agreement. Contrary to this, if the arbitrator acts as amiable compositeur, his action will be certainly invalid and any award rendered thereby will be unenforceable. Acting as amiable compositeur an arbitrator can decide ex aequo et bono (according to equity, justice ...