Author: L. KIFFER
N0:5 of 2008
« Amiable composition » always gave rise to questions from both the parties who draft arbitration agreements and the arbitrators who are granted the powers to decide as amiable compositeur. These questions regard the nature of the system implying a decision grounded on equity as well as the extent of the powers granted to the arbitrators to make such a decision. This article aiming at clarifying the scope of amiable composition, mainly towards French case law, will allow the parties to be in a position to assess the consequences of granting arbitrators the powers of amiable compositeurs and the arbitrators to abide by their mission resulting from those powers so that their award be not subject to challenge.