In accordance with Article of 12/C/III of The Code of International Arbitration, arbitrator or the arbitration tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized the arbitrator or the arbitration tribunal to do so. There isn’t any provision about identifi cation of ex aequo et bono in this Code. However, it has been considered identifi cation, scope and relationship with other judicary concept of ex aequo et bono as signifi cant, particularly at the determination of the arbitrators’ authority and the recognation and enforcement of foreign arbitral awards in practice.
Alan : Hukuk
Dergi Türü : Uluslararası
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