South Australian Consolidated Acts South Australian Consolidated Acts22—Determination to be made according to law or as " "amiable
compositeur or ex aequo et bono (See UNCITRAL Arbitration Rules Article 33,
paragraph 2)
(1) Unless otherwise
agreed in writing by the parties to the arbitration agreement, any question
that arises for determination in the course of proceedings under the agreement
shall be determined according to law.
(2) If the parties to
an arbitration agreement so agree in writing, the arbitrator or umpire may
determine any question that arises for determination in the course of
proceedings under the agreement by reference to considerations of general
justice and fairness.