Article title Appliation of «ex Aequo et Bono» and «Amiable Compositeur» Principles in International Commercial Arbitration and Transnational Enforcement Process
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5/2016
Сторінки [57-66]
Annotation

This article is devoted to peculiarities of application of «ex aequo et bono» and «amiable compositeur» principles in international commercial arbitration and transnational enforcement process. In particular, the feature of cases consideration in international commercial arbitration, which distinguishes this process from the national court proceedings, is the ability of the parties to determine that the dispute shall be considered by entrusted «amiable compositeur», which will decide the case not only on the basis of formal law and regulations, but based on the principle of «ex aequo et bono». However, due to the use of these methods of dispute resolution there is a possibility of the problems’ arising in recognition and enforcement of such decisions. In the result of the research the conclusion was made that in case the parties choose respective international principles («ex aequo et bono» and «amiable compositeur») to determine the procedure and method of resolving the dispute, it is expedient to preliminary verify whether legal system of the jurisdiction of further awards’ enforcement doesn’t provide limitations on recognition of such awards, also on the basis of noncompliance of awards with the public policy.

Keywords international commercial arbitration, transnational enforcement process, ex aequo et bono, amiable compositeur, international recognition and enforcement.
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