chapter  9
18 Pages

Amiable Composition Recourse to Extralegal Standards in Arbitration: Amiable

Amiable composition, as a competence which might be granted to arbitrators by the will of the parties, has a long history in international arbitral practice.1 It has been acquired from domestic civil procedure regulations, developed in some continental legal systems since the nineteenth century. The origins of the notion of amiable composition can be traced back to the French 1804 Napoleonic Code and 1806 Code of Civil Procedure, which promoted conciliatory measures in private dispute resolution and aimed at preserving benign relationship between the parties.2