International Arbitration EX AEQUO ET BONO AMIABLE COMPOSITION
An incisive study of decisions in equity (ex aequo et bono) in international commercial arbitration through a 4-pronged approach: review of (i) academic work on the topic; (ii) 104 national laws, dozens of international treaties and arbitration rules; (iii) all arbitral awards available; and (iv) field research with reputable international practitioners (mostly arbitrators), to uncover what the current conception of arbitration ex aequo bono is on an international level, and foster understanding of its limits, effect, and forms.
PDF of the Title Page and T.O.C.
Acknowledgments
About the Author
Preface
Part I
CONCEPT OF ARBITRATION EX AEQUO ET BONO
Chapter 2 Effects of the Choice of Arbitration Ex Aequo et Bono
Chapter 3 Arbitration Ex Aequo et Bono and Its Limits
Part II
ArBITRATION Ex aequo et bono in
International AND COMPARATIVE law
Chapter 4 Arbitration Ex Aequo et Bono in National Legal Systems
Part III
elements OF EQUITY IN international Arbitration
Chapter 5 Elements of Equity in Arbitration Practice
Bibliographical References
Index
Martim Della Valle is Legal Vice-President for AB-InBev. Prior to becoming Vice-President, Mr. Della Valle was Legal Director at the Global Headquarters of AB-InBev where he was the head of global competition and compliance practices. In 2009 he finalized his Ph.D. research and dissertation at the University of Sao Paulo, with the highest honors. His dissertation was subsequently published in 2012 in Portuguese under the title: Arbitragem e Equidade: uma visao internacional. He was also a visiting scholar at the University of Michigan (Ann Arbor) in 2007.
Mr. Della Valle began his career as a lawyer in private practice with major national and international law firms, where he practiced in the areas of dispute resolution and international arbitration. He speaks regularly at international conferences on arbitration and on all aspects of competition law and compliance. He is a member of the Corporate Counsel International Arbitration Group, the Association of Corporate Counsel, the In-house Competition Law Association, ICDR International Advisory Committee, ICDR Roster of Arbitrators, and the Brazilian Arbitration Committee.
“This book is the most complete work about an unusual practice in commercial arbitration. Martim Della Valle has employed his outstanding qualities as scholar and practitioner and mapped an uncharted ocean. The amount and quality of research contained in this outstanding monograph is a valuable resource for both national and international practitioners, which is why its release deserves a warm welcome.”
--Luiz Olavo Baptista, Arbitrator, Former member of the World Trade Organization Appellate Body, Professor Emeritus University of São Paulo
“Mr. Della Valle makes an invaluable contribution to the arbitration literature in sharing his thoughtful and brilliant work on ex aequo et bono arbitration and amiable composition. Conscious of parties’ existing reluctance to empower arbitrators to decide as ex aequo et bono, he elucidates its theoretical and practical aspects by providing the reader with an in-depth analysis of all the crucial aspects concerned, to arrive at conclusions that are free from confusions and ambiguities. This book has legitimately earned a prominent position on the bookshelf of any library specialized in arbitration.”
--José Emílio Nunes Pinto, Counsel, Arbitrator and Vice President of the ICC Court of Arbitration
“The international arbitration community welcomes this extraordinary work about ex aequo et bono. It is a deep and complete book based on Prof. Della Valle’s PhD thesis which benefited also from his longstanding practice. It is a must-read for all of us practitioners in the national and international arbitration arena.”
--Adriana Braghetta, ICCA Vice President and former president of the Brazilian Arbitration Committee
“Mr. Martim Della Valle has accomplished an outstanding thesis on International Arbitration Ex Aequo et Bono. This is certainly the most important work since Prof. Eric Loquin’s book, L’amiable Composition en Droit Comparé et International. Mr. Della Valle has done very impressive research on comparative and international law, analyzing the effects and limits of arbitration ex aequo et bono. Furthermore, the author is a very experienced practitioner and offers readers interesting research on the practical use of arbitration ex aequo et bono.”
-- João Bosco Lee, Professor, Arbitrator, and Sr. Partner of Lee Taube Gabardo-Sociedade de Advogados
Martim Della Valle is Legal Vice-President for AB-InBev. Prior to becoming Vice-President, Mr. Della Valle was Legal Director at the Global Headquarters of AB-InBev where he was the head of global competition and compliance practices. In 2009 he finalized his Ph.D. research and dissertation at the University of Sao Paulo, with the highest honors. His dissertation was subsequently published in 2012 in Portuguese under the title: Arbitragem e Equidade: uma visao internacional. He was also a visiting scholar at the University of Michigan (Ann Arbor) in 2007.
Mr. Della Valle began his career as a lawyer in private practice with major national and international law firms, where he practiced in the areas of dispute resolution and international arbitration. He speaks regularly at international conferences on arbitration and on all aspects of competition law and compliance. He is a member of the Corporate Counsel International Arbitration Group, the Association of Corporate Counsel, the In-house Competition Law Association, ICDR International Advisory Committee, ICDR Roster of Arbitrators, and the Brazilian Arbitration Committee.
“This book is the most complete work about an unusual practice in commercial arbitration. Martim Della Valle has employed his outstanding qualities as scholar and practitioner and mapped an uncharted ocean. The amount and quality of research contained in this outstanding monograph is a valuable resource for both national and international practitioners, which is why its release deserves a warm welcome.”
--Luiz Olavo Baptista, Arbitrator, Former member of the World Trade Organization Appellate Body, Professor Emeritus University of São Paulo
“Mr. Della Valle makes an invaluable contribution to the arbitration literature in sharing his thoughtful and brilliant work on ex aequo et bono arbitration and amiable composition. Conscious of parties’ existing reluctance to empower arbitrators to decide as ex aequo et bono, he elucidates its theoretical and practical aspects by providing the reader with an in-depth analysis of all the crucial aspects concerned, to arrive at conclusions that are free from confusions and ambiguities. This book has legitimately earned a prominent position on the bookshelf of any library specialized in arbitration.”
--José Emílio Nunes Pinto, Counsel, Arbitrator and Vice President of the ICC Court of Arbitration
“The international arbitration community welcomes this extraordinary work about ex aequo et bono. It is a deep and complete book based on Prof. Della Valle’s PhD thesis which benefited also from his longstanding practice. It is a must-read for all of us practitioners in the national and international arbitration arena.”
--Adriana Braghetta, ICCA Vice President and former president of the Brazilian Arbitration Committee
“Mr. Martim Della Valle has accomplished an outstanding thesis on International Arbitration Ex Aequo et Bono. This is certainly the most important work since Prof. Eric Loquin’s book, L’amiable Composition en Droit Comparé et International. Mr. Della Valle has done very impressive research on comparative and international law, analyzing the effects and limits of arbitration ex aequo et bono. Furthermore, the author is a very experienced practitioner and offers readers interesting research on the practical use of arbitration ex aequo et bono.”
-- João Bosco Lee, Professor, Arbitrator, and Sr. Partner of Lee Taube Gabardo-Sociedade de Advogados
PDF of the Title Page and T.O.C.
Acknowledgments
About the Author
Preface
Part I
CONCEPT OF ARBITRATION EX AEQUO ET BONO
Chapter 2 Effects of the Choice of Arbitration Ex Aequo et Bono
Chapter 3 Arbitration Ex Aequo et Bono and Its Limits
Part II
ArBITRATION Ex aequo et bono in
International AND COMPARATIVE law
Chapter 4 Arbitration Ex Aequo et Bono in National Legal Systems
Part III
elements OF EQUITY IN international Arbitration
Chapter 5 Elements of Equity in Arbitration Practice
Bibliographical References
Index