Paris Court of Appeal, 23 January 2018, Christian C., Macris c. ITM Enterprises, no. 16/12618

The plaintiffs contend that the arbitrators pronounced in law and not in equity (amiable compositeur), in violation of the entrusted mission. The Court first recalls the amiable compositeur clause is a conventional waiver of the effects and benefit of the rule of law. The parties therefore lose the prerogative to require the strict application and the arbitrators receive the power to modify or to moderate the consequences of contractual stipulations as long as the equity or the common interest of the parties so requires.

The Court dismissed the annulment request considering that the arbitrators had repeatedly pointed out in the award the framework of their mission and that they had therefore been aware of the powers conferred by the parties.

2018-02-18T20:41:00+00:00 January 23rd, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

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