Wolters Kluwer Ex Aequo et Bono - International Arbitration Law

Explore the evolving landscape of international commercial arbitration (ICA) with this scholarly work from Wolters Kluwer. As part of the International Arbitration Law Library (Volume 54), this book examines the tension between traditional legal formality and the concept of ex aequo et bono. While many proponents advocate for deciding disputes based on what is fair and equitable, modern arbitration often suffers from over-judicialisation. This text addresses the trend toward litigation-style practices and the formalisation of procedures that can hinder efficient dispute resolution. This book provides a bold argument for change, suggesting that parties to cross-border disputes should be more willing to embrace equitable decision-making. It also calls for arbitrators to be better prepared to decide disputes using these principles. It is an essential resource for legal professionals, scholars, and students looking to understand the shift away from rigid procedural fossilisation in the global legal arena.