Ex aequo et bono
| Literal meaning | According to what is equitable and good |
|---|---|
| Pronunciation | ex EYE-kwoh et BOH-noh |
A decision based on fairness and good conscience, and not strictly on the rules of law.
Example
Parties to an arbitration give the arbitrator power to decide ex aequo et bono. He can decide on fairness, not just on the strict rules.
Statutory link
- Section 28(2) of the Arbitration and Conciliation Act, 1996: the arbitral tribunal may decide ex aequo et bono only if the parties have expressly authorised it.
- Article 38(2) of the Statute of the International Court of Justice: the Court may decide ex aequo et bono if the parties agree.
Exam tip
Asked with arbitration and amiable compositeur.
Memory trick
By fairness, not by rule.
Key takeaway
Ex aequo et bono is a decision on fairness, allowed only with the parties' consent.
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