Cecilia Franetovich (asker) Jan 18, 2022:

Thank you! Thank you all for your help and all your comments. You have really helped me a lot :)

Taña Dalglish Jan 18, 2022:

Angelio / Adrian It is for you guys to work out with the Asker, as I sort of stuck my nose in at the last minute with entries I had found. However, while I don't have an issue with "ex aequo et bono" (I was not familiar with the term anyway), the term suggested was not "equity arbitration" but "arbitrators in equity" (for the Spanish term "arbitradores"). Whether that makes any difference in terms of clarity, I don't know, but I will leave it there. Hope I got this right and not confused the two terms! LOL. Regards to all.

Angelo Berbotto Jan 18, 2022:

Taña and Adrian Thank you both for your input. I have looked at the article, Taña, and done a search and it seems that non-English speaking jurisdictions when writing in English use the term "equity arbitration". For instance, see this from Argentina
https://www.lexology.com/commentary/arbitration-adr/argentin... However, English authors would seem to prefer the Latin tag cited by Adrian:

http://arbitrationblog.kluwerarbitration.com/2018/11/18/ex-a...

Personally, I would avoid the expression "equity arbitration" because the term Equity for a lawyer trained in England, Australia or another common law jurisdiction "equity" is a term that evokes a particular area of Law with its principles and caselaw. I note that ex aequo in Latin means means "por igual" and I can see why some may have chosen to translate it as "equity" in English.

Adrian MM. Jan 18, 2022:

@ Taña D. equity vs. ex aequo et bono Yes. You're right. S.A.S. Lorenzo does not use the term of ex aequo et bono once in that article. Mea culpa - I never knew the term of equitable arbitration was (mis-)used in the USA : https://www.net-arb.com/equity/equity_arbitration_and_net-ar... Aid-drains

Taña Dalglish Jan 18, 2022:

@ Adriran Your comment that equity in arbitration is not used. I don't think that is true, and see below:

What is equity arbitration?
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.

https://digibug.ugr.es/bitstream/handle/10481/71139/Canfora ...
Reasons in Arbitral Awards:
Arbitration in Equity, Arbitration in Law

Adrian MM. Jan 18, 2022:

acting according to law vs. ex aequo et bono equity is not a term used in arbitration, rather ex aequo et bono. Funnily enough, this comment of mine drew a blank at a Bar Conference in London almost a century ago in a session on ADR : https://uk.practicallaw.thomsonreuters.com/6-502-6327?transi...

Taña Dalglish Jan 18, 2022:

Again, another glossed entry. Not sure if relevant, but here we go:
https://www.proz.com/kudoz/spanish-to-english/law-general/19...
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: árbitro, arbitrador
English translation: arbitrator at law; arbitrator in equity

arbitrator at law; arbitrator in equity
Explanation:
The distinction commonly made is as follows:
árbitro = árbitro de derecho = arbitrator at law (must be lawyers);
arbitrador = árbitro arbitrador = arbitrator in equity (don't need be lawyers)
http://findarticles.com/p/articles/mi_qa3923/is_200402/ai_n9...
http://www.limaarbitration.net/english/reglamento_SAC.htm>...

Taña Dalglish Jan 18, 2022:

Not to murky the water or to interfere, but I am just putting this out here. This is a previous glossary question: https://www.proz.com/kudoz/spanish-to-english/law-general/28... "comprometer en árbitros". The question was never closed or graded (from 2008), but one answer did receive nine agrees: "submit to arbitration". Just saying ....

AllegroTrans Jan 18, 2022:

Good distinction Merridy

Meridy Lippoldt Jan 17, 2022:

Sticking by my guns.... Garner's Modern American Usage sheds some light on the meaning of the word arbiter which means "anyone with power to decide disputes, such as a referee, judge, or commissioner." The terms arbitrator and arbiter overlap considerably, and they cause confusion on both sides of the Atlantic. When referring to legal arbitration, the term should be arbitrator. When legal disputes aren't at issue, the better term is arbiter.

Meridy Lippoldt Jan 17, 2022:

Arbitradores A little research reveals that civil code countries allow for two types of arbitration, one at the judicial level and another relying solely upon the good judgment of the mediator regardless of the law.. Common law does not allow for this distinction. West suggests using the French term "amiable compositeur" often used in English to express this concept.