Preliminary Exploration To Amiable Composition

Amiable composition is already familiar in academia. Opposed to a legal arbitration, it is a dispute settlement mechanism independently based on Private law autonomy, principle of contractual freedom. Based on the doctrine chosen by the parties, the parties can agree to choose the applicable law of the arbitration judgment, legal yardstick or extra-legal yardstick. In the extra-legal yardstick, what the most important is Article 28(3)in UNCITRAL Model Law on International Commercial Arbitration “The arbitral tribunal shall decide ex aequo et bono or’ as amiable compositeur only if the parties have expressly authorized it to do so.”, which open attitude to amiable composition leading the arbitration rules of the world trend. Different with traditional lawsuit, it is more flexible, adaptable and lined with the merchant’s behavior habits. In the process of economic globalization, the economic and trade disputes will involve a lot of applicable law issues. Amiable composition can be in the presence of "legal vacuum" settle disputes in a timely manner and maintain business order. How to reasonably define equity is the main content of my thesis.In part 1, I try to introduce the development history of equity arbitration, defined the connotation of equity to arbitration, and summarize the amiable composition application advantages and value. In part 2, I observed a comparison research, introduced and evaluated what in the United Nations and the world’s major continental law system and common law countries about amiable composition. In part 3, I introduced the arbitration system in our country development present situation and the existing main problems, and propose that amiable composition is cracking problems, further expand the reform a complementary and choices, and use case to prove it. In the last part, I propose the direction of the legislation and the suggestion, in order to contribute to the exploration of equity arbitration system in China.