Amiable compositeur – státní právo a nestátní prostředky ve světle spravedlnosti
| Title in English | Amiable compositeur - state law and non-state means in the light of justice |
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| Year of publication | 2022 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The chapter discusses the concept of the amiable compositeur. The amiable compositeur does not only decide a dispute on the basis of positive law determined by the rules of private international law, but may decide it outside this law. The basic criterion for deciding a dispute is fairness. The chapter introduces the historical and contemporary concept of the amiable compositeur, compares this method of deciding from ex aequo et bono deciding (defining the concordances and differences). It analyses the criterion of fairness as a leading principle of this type of decision-making, discusses the links between the amiable compositeur and the application of non-state law in the context of the merits of the dispute, and examines the arbitrator's ability to deviate not only from legal norms (mandatory or procedural) but also from contractual agreements. Finally, the limits of decision-making as amiable compositeur in the form of exceeding the conferred authority (power) and public policy (ordre public) are presented. |
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