TERMIUM Plus®

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EQUITY ARBITRATION [2 records]

Record 1 2020-07-27

English

Subject field(s)
  • Alternative Dispute Resolution
CONT

Equity arbitration relies on both equitable ideals and universal common law principles that have developed through the years. For example, a valid contract requires that one party made an offer, the other accepted it, and something of value was exchanged. If the parties never reached an agreement, there is no contract... In equitable arbitration, the arbitrator doesn’t have to follow legal technicalities or enforce parts of a contract that don’t make sense. The arbitrator can ignore certain terms that would make the outcome unfair if they were strictly enforced.

French

Domaine(s)
  • Modes substitutifs de résolution des différends

Spanish

Save record 1

Record 2 2020-04-28

English

Subject field(s)
  • Alternative Dispute Resolution
  • Social Law
  • International Relations
CONT

Ex aequo et bono arbitration is dispute resolution not based on law but according to moral principles and principles of equity. An arbitrator ex aequo et bono can disregard the mandatory provisions beside the non-mandatory ones. The arbitrator must, however, respect the international public policy which cannot be disregarded.

French

Domaine(s)
  • Modes substitutifs de résolution des différends
  • Droit social
  • Relations internationales

Spanish

Save record 2

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