The by-laws of the Holding Ski Higher provide that all disputes in relation to the by-laws shall be decided by an arbitral tribunal acting en amiable compositeur.
The dispute arose over the revocation of the president of the company. The award ordered the company to pay a compensation to the revoked president. The company appealed.
The Court of Appeal first states that the arbitrators acting en amiable compositeur are never obliged to abandon the rule of law and that they can judge that fairness requires the application of legal provisions.
The Court confirms the award by holding that “the review of the judge hearing an appeal is based on the finding that, prior to the application of the rule of law, the arbitrators proceeded to verify the compatibility of the legal solution with the principles of fairness”.