ABSTRACT

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Under what circumstances is it suitable to refer disputes to Amiable Composition?

Author: E. BERTRAND

Type: Article

ref: 52008609-623

N0:5 of 2008

Pages: 609-623

Amiable composition is too often criticized in vague and general terms to allow the potential user of this form of arbitration to develop a qualified opinion of what to expect from it. The article suggests a few thoughts for better delineating the risk associated with amiable composition and understanding the manner in which the user of arbitration may deal with that risk. The article also studies through several examples the extent to which equity as applied by an amiable compositeur may lead to different results from those which could be adopted in arbitration “at law”. Lastly, the article compares amiable composition to other forms of dispute resolution and gives a list of factors to take into account when opting for amiable composition.