Ex aequo et bono is a Latin phrase that translates to "from equity and good conscience." It refers to decisions made based on fairness and justice rather than strict legal rules. When a case is decided ex aequo et bono, the decision-maker considers what is fair under the circumstances, allowing for flexibility in judgment.
This term is commonly used in international law and arbitration. In these contexts, it allows decision-makers to prioritize equitable outcomes over rigid legal standards. For example:
Users can manage certain legal processes related to ex aequo et bono through legal templates available on platforms like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: In an international trade dispute, two countries may agree to resolve their issues ex aequo et bono, allowing the court to consider the broader implications of their trade relationship rather than just the legal contracts involved.
Example 2: In an arbitration case between two companies, the arbitrator may decide to allocate resources based on what is deemed fair, rather than strictly adhering to the contract terms (hypothetical example).
Article 38(2) of the Statute of the International Court of Justice allows for decisions to be made ex aequo et bono if the parties agree. Additionally, Article 33 of the United Nations Commission on International Trade Law's Arbitration Rules (1976) outlines the conditions under which arbitrators can make such decisions.
| Term | Definition | Key Difference |
|---|---|---|
| Equity | A branch of law that aims to achieve fairness and justice. | Equity is a broader legal principle, while ex aequo et bono is a specific decision-making approach. |
| Strict Liability | Liability that does not depend on actual negligence or intent to harm. | Strict liability focuses on legal rules, while ex aequo et bono emphasizes fairness. |
If you find yourself in a situation where ex aequo et bono may apply, consider the following steps:
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