Abstract:
To study principles, concept and direction of the application of arbitration clause by arbitrator whereby the process is one of amiable composition, the purpose of arbitration is till achievable under the Arbitration Act, B.E. 2530. The findings of this study shows that enforcement of law concerning of amiable composition and ex aequo et bono was accepted by some major legal systems such as those in the United States of America, United Kingdom, France, and Japan as well as by international forum in the case where parties to the contract included amiable composition clauses to their agreement when the law permits. It seems that Thai law still stays silent on this matter. The suggestion of this study is therefore to amend relevant existing laws especially the Arbitration Act, 1993 in a systematic manner to make more comprehensiveness and clarity, since then the adoption of the said concepts make the public aware of the availability of aminable composition.