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 [...]