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Ex aequo et bono (Latin 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.In the context of arbitration, 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. [1]
ex aequo et bono: of equity and [the] good Usually defined as "what is right and good." Used to describe the power of a judge or arbiter to consider only what is fair and good for the specific case, and not necessarily what the law may require. In courts, usually only done if all parties agree. ex ante: of before
These sources are qualified by Article 59 which states that ICJ decisions are binding only to the parties in that case, and Article 38.2 which allows the court to decide a case ex aequo et bono if the parties agree thereto.
If the parties agree, they may also grant the court the liberty to decide ex aequo et bono ("out of equality, and for the good"), [70] granting the ICJ the freedom to make an equitable decision based on what is fair under the circumstances. That provision has not been used in the court's history.
Woodworth, 56 U.S. 546 (1854), the Supreme Court held that a patent-owner could sue in equity for an infringer’s profits, saying that the ill-gotten profits belonged “ex aequo et bono” to the owner of the patent. Later, recovery for either damages or profits was codified in statute.
Et uxor; Et vir; Ex aequo et bono; Ex contractu; Ex delicto; Ex demissione; Ex facie; Ex fida bona; Ex gratia; Ex nunc; Ex parte; Ex post facto; Ex post facto law; Ex rel. Ex tempore decision; Ex tunc; Exequatur
Pop legend says she has racked her brain ‘for years’ to try and understand her ex-husband’s actions Cher discovered she was trapped in ‘involuntary servitude’ to husband Sonny Bono ...
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