Volume 21, Issue 1 (2017)                   CLR 2017, 21(1): 1-26 | Back to browse issues page

‎ 20.1001.1.22516751.1396.21.1.1.8

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Hamidian F, Shahbazinia M, Jafari F. Comparative Study of Conceptual and Practical Relation of Different Words in Amicable Arbitration. CLR 2017; 21 (1) :1-26
URL: http://clr.modares.ac.ir/article-20-336-en.html
Comparative Study of Conceptual and Practical Relation of Different Words in Amicable Arbitration
Fatemeh Hamidian1 , Morteza Shahbazinia 2, Feizollah Jafari3
1- Ph.D. student of Private Law, Tarbiat Modares University, Tehran, Iran
2- Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
3- Assistant Professor of Private Law,University of Bu –Ali Sina, Hamedan, Iran
Abstract:   (8421 Views)
In arbitration in equity, arbitrator seeks to resolve disputes in an equitable manner, which is not achievable through the application of legal strict rules. Amiable compositeur, ex aequo et bono and equity are common terms that in relation to amiable and equitable arbitration have frequently been utilized by the arbitration tribunal and the conflict parties in arbitration clauses and awards. Nonetheless, there is no consensus amongjurists as to this issue whether each of these expressions and concepts imply in different methods of decision making according to equity. In fact, it is not exactly specified what is difference between awards based on equity and those made based on ex aequo et bono ,and what is difference between arbitration in equity and assessing the dispute and act in the proceedings as an amiable compositeur?
Keywords: Ex aequo et bono, equity, Arbitration, amiable compositeur, equitable considerations
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Received: 2016/06/12 | Accepted: 2017/04/15 | Published: 2017/05/22
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