''Ex aequo et bono'' (

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

for "according to the right and good" or "from equity and conscience") is a

Latin phrase __NOTOC__ This is a list of Wikipedia articles of Latin phrases and their translation into English. ''To view all phrases on a single, lengthy document, see: List of Latin phrases (full)'' The list also is divided alphabetically into twenty page ...

that is used as a legal

term of art Jargon 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 context is usually a particu ...

. In the context of

arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ...

, it refers to the power of arbitrators to dispense with consideration of the law but consider solely 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''), "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 (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: ''Commission des Nations Unies pour le droit commercial international (CNUDCI)'') is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to f ...

'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

amiable compositeur Amiable (1891–1915) was a British Thoroughbred racehorse that won the 1894 Epsom Oaks and 1,000 Guineas Stakes despite having severe stringhalt in both hind limbs. Amiable raced until she was three years old, retiring in 1895 to the Duke ...

, 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

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

The Chambers Dictionary The ''Chambers Dictionary'' (''TCD'') was first published by William and Robert Chambers as ''Chambers's English Dictionary'' in 1872. It was an expanded version of ''Chambers's Etymological Dictionary'' of 1867, compiled by James Donald. A sec ...

'' (1998)
"ex aequo"
p. 561.

Ex aequo

See also

Notes

Further reading