Amiable Composition in International Arbitration

• 발행기관: 한국중재학회
• 저자명: Ahmet Cemil Yildirim
• 간행물 정보: 『중재연구』 제24권 제3호, 33~46쪽, 전체 14쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

Amiable composition is a means of dispute resolution based on the arbitrator s authority to base his decision on equity. Although this method has been used frequently in the last decades of the 20th Century, the number of the published awards by amiable compositeur arbitrators is getting lower and lower. The reason(s) for unpopularity of amiable composition should be sought in its very nature, in its relationships with other institutions such as arbitration in law, equity, ex aequo et bono arbitration, other means of dispute resolution and in its role in the development of the rules specific to international commerce. A brief look at the history of law shows that the concept of equity comes to the scene every time that the rigidity of the rules of law challenges the justice. This has been the case in the 20th Century with respect to international commercial law which was deprived of specific rules. The role of amiable composition has been to contribute to the development of the rules specific to international commerce. The progressive codification of such rules in the last decades is also owed to amiable composition, which has accomplished its mission in the evolution of these rules.

목차

Ⅰ. Introduction

Ⅱ. The Differences between Amiable Composition and rbitration, Advantages and Disadvantages of Amiable Composition

Ⅲ. The Relationship between Amiable Composition, Equity, and Ex Aequo et Bono Arbitration

Ⅳ. The Possibility of Adaptation and Modification of the Contract by Amiable Compositeur

Ⅴ. The Role of Amiable Composition in the Development of the New Lex Mercatoria

References

키워드

Amiable Composition Equity Ex Aequo et Bono Arbitration Lex Mercatoria Adaptation of the Contract