PRINCIPLES AMIABLE COMPOSITEUR AND EX AEQUO ET BONO IN THE ARBITRATION PRACTICE OF INVESTMENT DISPUTES RESOLUTION
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 3
Abstract
The article is devoted to the peculiarities of applying the principles amiable compositeur and ex aequo et bono in the arbitration practice of resolving international investment disputes. In particular, one of the peculiarities of the arbitration procedure is the possibility of the parties to determine that the dispute will be considered by an “amiable compositeur”, which will solve the case not only on the basis of legal norms and formal requirements, but also will be guided by the principle ex aequo et bono. However, in connection with the application of these methods of dispute resolution, there may arise problems in the recognition and enforcement of such decisions, therefore the possibility of their use should be assessed also from the point of view of the public order of the state of arbitration and the public order of the state of execution of the arbitral award.
Authors and Affiliations
И. М. Ашихмин
Keywords
Related Articles
- EP ID EP660605
- DOI -
- Views 102
- Downloads 0
BUDGET LEGISLATION CONTROL IN FINANCIAL ACTIVITY MINISTRY OF INTERNAL AFFAIRS OF UKRAINE
The article is focused on the analysis of the current state of ensuring legal control over the compliance with budget legislation within the financial activities of the Ministry of Internal Affairs of Ukraine, as well as...
THE COGNITIVE ACTIVITY OF THE INVESTIGATING JUDGE IN PROVING THE USE OF PREVENTIVE MEASURES IN CRIMINAL PROCEEDINGS
The article is devoted to the consideration and analysis of the issue of the cognitive activity of the investigating judge in proving the use of preventive measures in criminal proceedings. It is substantiated that the c...
PROSPECTS FOR THE REFORM OF DECENTRALIZATION OF PUBLIC AUTHORITY IN UKRAINE THROUGH THE PRISM OF STATE-BUILDING PRACTICE: THE THEORETICAL AND LEGAL ASPECT
The research paper deals with the search for ways to increase the efficiency of decentralization of public authority in Ukraine and to develop proposals for eliminating existing problems at the current stage of its imple...
PROCEDURAL STATUS OF THIRD PARTIES ON THE PROPERTY OF ARREST PROBLEMS IN THE CRIMINAL PROCEEDINGS: THEORETICAL AND LEGAL ASPECTS
The article is devoted to the research of the procedural status of a third person, in relation to the property of which the issue of arrest is solved. On the basis of the analysis of scientific literature, the provisions...
LEGAL REGULATION OF MORTGAGE SALES SYSTEM IN REGIONAL DEPARTMENTS OF LOCAL LAND BANKS OF DNIEPER UKRAINE (THE END OF XIX – THE BEGINNING OF XX CENTURY)
The article analyzes the norms of law that were used as the basis for regulating the sale system of mortgages in the state land banks of the Russian Empire, the branches of which functioned from the eighties of the XIX c...