Ex Aequo et Bono
Ex Aequo et Bono is a Latin phrase meaning "according to what is fair and good." In the arbitration field, it refers to a way of resolving disputes where arbitrators can make decisions based on what they think is fair and just, rather than strictly following written laws. It's like giving arbitrators permission to use their common sense and sense of fairness to solve problems. This approach is especially useful in international business disputes where different legal systems might clash. Think of it as allowing the decision-maker to act like a wise mediator rather than a strict judge.
Examples in Resumes
Resolved international commercial disputes as arbitrator applying Ex Aequo et Bono principles
Successfully handled 15+ arbitration cases using Ex Aequo et Bono decision-making approach
Trained junior arbitrators in applying Ex Aequo et Bono principles to complex disputes
Typical job title: "Arbitrators"
Also try searching for:
Where to Find Arbitrators
Professional Organizations
Networks
Job Resources
Example Interview Questions
Senior Level Questions
Q: Can you explain a complex case where you applied Ex Aequo et Bono principles?
Expected Answer: A senior arbitrator should describe a real case example showing how they balanced fairness with commercial realities, explaining their reasoning process and the outcome achieved without strict legal rules.
Q: How do you determine when Ex Aequo et Bono is appropriate versus strict law application?
Expected Answer: Should demonstrate understanding of when parties might benefit from this approach, consent requirements, and ability to explain this to clients in simple terms.
Mid Level Questions
Q: What are the key considerations when applying Ex Aequo et Bono principles?
Expected Answer: Should explain how they balance fairness, commercial reality, and party expectations, with examples of typical scenarios where this approach works well.
Q: How do you explain Ex Aequo et Bono to clients who are unfamiliar with it?
Expected Answer: Should demonstrate ability to explain complex legal concepts in simple terms and highlight the benefits of this approach to dispute resolution.
Junior Level Questions
Q: What is Ex Aequo et Bono and when might it be used?
Expected Answer: Should provide basic definition and simple examples of when this approach might be appropriate in arbitration cases.
Q: What's the difference between deciding a case under Ex Aequo et Bono versus strict law?
Expected Answer: Should explain basic differences between following strict legal rules and making decisions based on fairness and equity.
Experience Level Indicators
Junior (0-2 years)
- Basic understanding of arbitration principles
- Knowledge of international arbitration rules
- Understanding of Ex Aequo et Bono concept
- Basic case management skills
Mid (2-5 years)
- Experience applying Ex Aequo et Bono principles
- Strong dispute resolution skills
- International arbitration experience
- Effective client communication
Senior (5+ years)
- Complex case management
- Leadership in international arbitrations
- Expert application of Ex Aequo et Bono
- Strategic dispute resolution planning
Red Flags to Watch For
- No practical arbitration experience
- Lack of international exposure
- Poor understanding of basic fairness principles
- Unable to explain complex concepts simply
- No experience with commercial disputes
Related Terms
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