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CALSCALE:GREGORIAN
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DTSTAMP:20260429T003758Z
DTSTART:20251206T040000Z
DTEND:20251206T053000Z
SUMMARY:Plenary session: An arbitrator should also be competent to be an 
 amiable compositeur or mediator
DESCRIPTION:With arbitration rules containing built-in prohibitions again
 st arbitrators acting ex aqueo et bono or as amiable compositeurs\, are 
 parties unable to exercise the choice mandated by sub-section 28(2) of t
 he Arbitration &amp\; Conciliation Act 1996 and is it bad policy for adj
 udicators to know which party has obstinately refused to take the middle
  path?\n\nArbitrators have a first perspective on the maintainability an
 d viability of a dispute. Whilst lacking the inherent power of a civil c
 ourt or power to do complete justice or to award relief going beyond dam
 ages for breach of contract\, an arbitrator is still best placed to unde
 rstand the nuances of each dispute. Is there a clear conflict arising fr
 om an arbitrator’s legal duty as an adjudicator or can they guide the pa
 rties to effective dispute resolution by applying principles of equity a
 nd fairness? Can these issues be overcome with better training\, guideli
 nes and institutional participation to propel parties towards a settleme
 nt? Should arbitrators and judges be empowered to propel parties towards
  a middle-path settlement or are winner-takes-all adjudications preferre
 d?
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