Following the “success story” of the Basketball Arbitral Tribunal, could more institutions opt for the decisional standard of ex aequo et bono as a default or fallback option in their arbitration rules? Could technological advancements militate in favor of such a development?
In the latest issue of the Bulletin of the ASA – Swiss Arbitration Association, Giulio Palermo and Panagiotis Kyriakou discuss how ex aequo et bono may indeed be leveraged to increase diversity, flexibility and efficiency in international arbitration.