What is concept of ex aequo et bono?
Legal Definition of ex aequo et bono : according to what is equitable and good : on the merits of the case —often used in international law when a matter is to be decided according to principles of equity rather than by points of law.
What is the difference between equity and ex aequo et bono?
Equity is usually a legal norm which, in decision making, is taken into consideration as a part of law. While the nature of ex aequo et bono is a judicial discretion on the basis of which the judge, disregarding the law, decides about the matter.
What is ex aequo?
equally , on an equal footing.
What is the meaning of Opinio Juris?
an opinion of law or necessity
Definition. Opinio juris is a shortened form of the Latin phrase opinio juris sive necessitatis, which means “an opinion of law or necessity.”
What does ex Profeso meaning?
Expressly
ex professo (not comparable) Professedly; by profession. As an expert; with the competence one would expect from a professional; in the capacity of an expert. Expressly.
Is arbitration a judge?
It is similar to a judge that presides over a court of law. The presiding authority is known as the arbitrator, who is in charge of deciding the disputes between the parties. Just like the judge an arbitrator also has several responsibilities set out in the code. The arbitrator is under oath to perform its duties.
What is an example of opinio juris?
In practice, a variety of sources tend to be used to demonstrate the existence of opinio juris, including evidence such as diplomatic correspondence, press releases and other government statements of policy, opinions of legal advisers, official manuals on legal questions, legislation, national and international …
What are 2 examples of equity?
Here are 10 examples of equity accounts with explanations:
- Common stock.
- Preferred stock.
- Retained earnings.
- Contributed surplus.
- Additional paid-in capital.
- Treasury stock.
- Dividends.
- Other comprehensive income (OCI)
How do you define Dei?
Diversity, equity and inclusion (DEI) is a term used to describe policies and programs that promote the representation and participation of different groups of individuals, including people of different ages, races and ethnicities, abilities and disabilities, genders, religions, cultures and sexual orientations.
Who has the burden of proof in an arbitration?
In order for the arbitrator to decide in favor of a party, the party must provide sufficient clear and convincing evidence to support their claims. This is known as meeting the “burden of proof.” The arbitrator will determine whether the party has met their burden of proof.
In which treaties rebus sic Stantibus is not applicable?
Since the 1907 treaty was also time-limited, the case has been seen as a precedent for rebus sic stantibus applying not only to indefinite treaties. In 1926, China came to terms with Belgium after its efforts to denounce the Sino-Belgian Pact (1865), citing fundamentally changed circumstances.
What is opinio juris communis?
Opinio juris denotes a subjective obligation, a sense on behalf of a state that it is bound to the law in question. The International Court of Justice reflects this standard in ICJ Statute, Article 38(1)(b) by reflecting that the custom to be applied must be “accepted as law”.
Is there one law for ex Bono et aequo in arbitration?
Some common law jurisdictions meet with difficulties when faced with applications to decide ex bono et aequo in court proceedings, and in arbitration. In David Taylor & Sons Ltd. v. Barnett Trading Co1 the Court of Appeal (per Denning L.J.) held: “ [T]here is not one law for the arbitrator and one for the Court.
Can a Compositeur decide the merits ex aequo et bono?
An allowance to decide the merits ex aequo et bono does not mean to act as amiable compositeur and vice versa.
What is Exequo et bono?
and decision making ex aequo et bono. For example, an interpretation legal system. On the contrary, a deci sion protecting inte rests and/or granting entitlements with no basis in law is outside the legal system. decisions arising outside th e legal framework. The exercise of an making ex aequo et bono at odds with the law. Rather, the exercise of
Can an arbitrator act as a Compositeur?
Most lex arbitri, however, allow for decision making according to principles of equity (ex aequo et bono) or for arbitrators to assess a dispute and act in proceedings as an amiable compositeur. An allowance to decide the merits ex aequo et bono does not mean to act as amiable compositeur and vice versa.