''Ex aequo et bono'' (

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal

term of art Jargon, or technical language, is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The conte ...

. In the context of

arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...

, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. However, a decision ''ex aequo et bono'' is distinguished from a decision on the basis of equity (''equity intra legem'') and even tribunals with ''ex aequo et bono'' powers generally consider the law too. "Whereas an authorisation to decide a question ''ex aequo et bono'' is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified". Article 38(2) of the

Statute of the International Court of Justice The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice (replacing the Permanent Court of ...

(ICJ) provides that the court may decide cases ''ex aequo et bono'' only if the parties agree. In 1984, the ICJ decided a case using "equitable criteria" in creating a boundary in the Gulf of Maine for Canada and the US. This was not, however, in relation to Art. 38(2) which has never been invoked by the parties in a dispute before the ICJ. It was an example of referring to 'equity' as a general principle of law under Art. 38 (1) (c). Article 33 of the

United Nations Commission on International Trade Law The United Nations Commission on International Trade Law (UNCITRAL) (French language, French: ''Commission des Nations Unies pour le droit commercial international (CNUDCI)'') is a subsidiary body of the United Nations General Assembly, U.N. Gene ...

's Arbitration Rules (1976) provides that the arbitrators shall consider only the applicable law unless the arbitral agreement allows the arbitrators to consider ''ex aequo et bono'', or as amiable compositeur, instead. This rule is also expressed in many national and subnational arbitration laws such as section 22 of the Commercial Arbitration Act 1984 (NSW). It is also embodied under Section 28(2) of the Indian arbitration law - Arbitration & Conciliation Act, 1996 ("The arbitral tribunal shall decide ''ex aequo et bono'' or as ''amicable compositeur'' only if the parties have expressly authorised it to do so") On the other hand, the constituent treaty of the Eritrea–Ethiopia Claims Commission explicitly forbids the body from interpreting ''ex aequo et bono''. ''Ex aequo et bono'' powers are occasionally granted to investor-state tribunals deciding disputes between states and foreign investors, such as in ''Benvenuti & Bonfant v Republic of the Congo''.

''Ex aequo''

The phrase ''ex aequo'' (without ''et bono'') is used to mean "equally placed", often in the context of competition winners.'' The Chambers Dictionary'' (1998)
"ex aequo"
p. 561.

''Ex aequo''

See also

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Further reading