Ex aequo et bono

Ex aequo et bono is a Latin phrase translating to "according to what is equitable and good," denoting a mode of adjudication in which a tribunal resolves a dispute based on principles of fairness, equity, and good conscience rather than the strict application of positive law.^[1] This approach empowers decision-makers, such as arbitrators or judges, to craft outcomes that align with fundamental justice when legal rules prove inadequate or overly rigid, provided the parties explicitly consent to it.^[2] Originating in ancient Roman law, where arbiters (arbitri) could depart from the ius civile to achieve equitable results, the concept has evolved into a recognized option in modern dispute resolution mechanisms.^[3] In the realm of international law, ex aequo et bono is explicitly referenced in Article 38(2) of the Statute of the International Court of Justice (ICJ), which states that the provision outlining sources of international law "shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto."^[4] This clause preserves the ICJ's flexibility to prioritize equity over legal formalism in consensual cases, though the Court has never invoked this power in its history, reflecting a preference for binding legal norms in inter-state disputes.^[2] The principle distinguishes itself from the broader application of equitable considerations under general principles of law (Article 38(1)(c) of the ICJ Statute), as ex aequo et bono permits a more discretionary, legislative-like settlement unbound by existing rules.^[1] Beyond the ICJ, ex aequo et bono finds greater practical application in international commercial arbitration, where parties often select it to foster pragmatic resolutions in complex, cross-border transactions.^[5] Institutional rules, such as those of the International Chamber of Commerce (ICC) and the United Nations Commission on International Trade Law (UNCITRAL), accommodate its use when stipulated in arbitration agreements, allowing tribunals to act as amiable compositeurs—neutral composers of fair solutions.^[6] This method promotes efficiency and adaptability, particularly in contexts where applicable law is ambiguous or parties seek outcomes reflecting commercial reasonableness, though it raises challenges regarding predictability and enforceability of awards.^[7]

Etymology and Definition

Literal Translation

The Latin phrase ex aequo et bono consists of the preposition ex, meaning "from" or "out of," often conveying "according to" in idiomatic expressions; aequo, the ablative form of aequus, an adjective denoting "equal," "level," "just," or "equitable"; the conjunction et, meaning "and"; and bono, the ablative form of bonus, signifying "good," "beneficial," or "right." The full literal translation is "from what is equitable and good" or "according to equity and the good."^[1] In English phonetics, it is approximately pronounced as /ˌɛks ˈeɪkwoʊ ɛt ˈboʊnoʊ/. The phrase has roots in classical Latin texts, where similar constructions like ex bono et aequo appear in Cicero's discussions of justice and fair dealing in partnerships, emphasizing moral equity over strict rules.^[8]

Legal Meaning

Ex aequo et bono is a legal principle that empowers adjudicators, such as judges or arbitrators, to resolve disputes based on general principles of justice, fairness, and equity rather than strict application of codified law or precedents.^[2] This approach allows for decisions that prioritize what is "equitable and good," enabling solutions tailored to the specific circumstances of the case even if they deviate from established legal rules.^[9] The principle originates from Roman law traditions but functions in modern adjudication as a discretionary tool for achieving morally fair outcomes.^[10] A fundamental requirement for invoking ex aequo et bono is the explicit consent of the parties involved, without which adjudicators must adhere to applicable law.^[4] This authorization transforms the decision-making process, granting the tribunal latitude to operate outside conventional legal constraints and base its ruling on broader notions of conscience and moral fairness.^[2] In essence, it serves as a mechanism to address gaps or inadequacies in existing law, particularly in complex or novel disputes where rigid rules might lead to unjust results.^[9] In contrast to ius strictum, which demands unwavering adherence to statutes and precedents, ex aequo et bono permits a conscious departure from such norms to foster equitable resolutions.^[10] This distinction underscores its role not as an interpretive aid within the law, but as an alternative framework guided by practical reason and the parties' shared sense of justice.^[2] By emphasizing fairness over formality, the principle ensures that adjudication can align with ethical imperatives when parties deem it appropriate.^[9]

Historical Background

Ancient and Roman Origins

The concept of ex aequo et bono, meaning "according to what is equitable and good," has its foundational roots in ancient Roman law, where it emerged as a principle of aequitas (equity) to mitigate the rigidity of the ius civile (civil law). Roman jurists viewed aequitas as a corrective mechanism that allowed magistrates, particularly praetors, to adapt strict legal rules to achieve fairer outcomes in cases where literal application would lead to injustice. This approach was especially prominent in the ius gentium (law of nations), which applied to interactions between Romans and foreigners, enabling decisions based on natural justice rather than formalistic precedents.^[11] A key embodiment of this principle was the role of the praetor peregrinus, the Roman magistrate responsible for disputes involving non-citizens, who often resolved cases ex aequo et bono when the ius civile provided no suitable remedy. For instance, in contractual disputes lacking specific provisions under civil law, the praetor could interpret obligations through the lens of fairness and good faith (bona fides), ensuring equitable resolutions that aligned with moral reasonableness. This practice underscored aequitas as an essential supplement to codified law, preventing outcomes that were technically legal but substantively unjust. Influential Roman texts further embedded the idea of deciding ex aequo et bono. In Justinian's Digest (compiled in 533 CE), the jurist Celsus defines law as "the art of the good and the equitable" (ius est ars boni et aequi), portraying equity as integral to justice itself. Similarly, Cicero's De Officiis (44 BCE) ties justice to what is aequum et bonum, arguing that true righteousness demands actions that are both fair and morally beneficial, beyond mere compliance with statutes. These philosophical and jurisprudential foundations highlighted equity's role in resolving disputes, such as ambiguous contracts, where strict law might favor form over substance. As Roman law transitioned into early Christian legal thought, the principle of ex aequo et bono influenced canon law by emphasizing moral good alongside legal equity, laying groundwork for later medieval developments.^[12]

Medieval and Early Modern Development

During the Middle Ages, the concept of ex aequo et bono was integrated into canon law through Gratian's Decretum, compiled around 1140, which served as a foundational text for ecclesiastical courts. In this compilation, equity (aequitas) was employed to moderate the rigidity of Roman civil law, particularly in matters involving conscience, mercy, and the common good, allowing judges to temper strict legal application with fairness. For instance, Gratian drew on earlier authorities like Isidore of Seville to emphasize that laws should be interpreted according to circumstances, ensuring judgments aligned with divine justice rather than unyielding rules. This adaptation bridged ancient Roman principles of equity with Christian jurisprudence, fostering a system where ecclesiastical tribunals could decide cases ex aequo et bono to promote reconciliation and moral rectitude.^[13] Scholastic philosophers further developed these ideas, notably Thomas Aquinas in his Summa Theologica (II-II, q. 120), where he described epieikeia—equated with aequitas or equity—as a virtue integral to justice. Aquinas argued that equity corrects the deficiency of positive law when its universal application would lead to injustice, linking aequum et bonum directly to natural law and divine reason, which reflect God's eternal law. He posited that true equity arises from prudent judgment, enabling rulers and judges to act for the common benefit beyond literal statutes, thus embedding the principle in theological and ethical frameworks that influenced legal thought across Europe. This philosophical grounding elevated ex aequo et bono from a procedural tool to a moral imperative in medieval scholarship.^[14] In the early modern period, the principle permeated civil law systems, exerting influence on French customary law where judges gained discretionary authority to apply equity. This codification effort reflected a broader trend in continental Europe toward balancing codified rules with judicial flexibility, drawing from canon law traditions to adapt ancient equity to emerging national legal structures.^[15] By the 18th and 19th centuries, amid the decline of absolute monarchies, ex aequo et bono persisted in specialized equity jurisdictions, particularly the English Court of Chancery, which applied analogous principles of conscience and fairness to supplement common law's limitations. Chancery judges, acting as keepers of the king's conscience, resolved cases through equitable maxims that prioritized moral rightness over strict precedent, much like ex aequo et bono decisions unbound by rigid statutes. This continuity ensured the concept's endurance in common law traditions, even as Enlightenment rationalism and codification movements reshaped broader legal landscapes.^[16]

Use in International Law

Statute of the International Court of Justice

The Statute of the International Court of Justice (ICJ), adopted in 1945 as an integral part of the United Nations Charter, incorporates the principle of ex aequo et bono in Article 38(2), which states: "This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto."^[4] This clause supplements the primary sources of international law enumerated in Article 38(1), including international conventions, custom, general principles of law, and judicial decisions as subsidiary means, allowing the Court to render decisions based on fairness and good conscience rather than strict legal rules when explicitly consented to by the disputing parties.^[4] The provision underscores the consensual nature of ICJ jurisdiction, positioning ex aequo et bono as an exceptional mechanism for dispute resolution where legal sources may prove inadequate or rigid. The inclusion of Article 38(2) in the ICJ Statute mirrors its predecessor in the 1920 Statute of the Permanent Court of International Justice (PCIJ), reflecting a deliberate intent during the post-World War II reconfiguration of international adjudication to retain flexibility for equitable outcomes in interstate disputes.^[1] Drafted amid efforts to strengthen global peace through judicial means, the clause aimed to encourage states to submit contentious matters to the Court by offering an avenue for non-legalistic resolutions, thereby broadening its appeal without undermining the primacy of international law.^[1] This continuity from the PCIJ framework highlights the principle's established role in promoting consensual adjudication, though its application remains tightly bound to mutual agreement to preserve the Court's authority as a legal institution. In practice, Article 38(2) has never been invoked in the ICJ's history since its inception in 1946, with no case submitted under this basis despite the Court's handling of over 180 contentious proceedings.^[2] The requirement for special consent from both parties imposes a significant constraint, as states typically prefer decisions grounded in verifiable law to avoid perceptions of arbitrariness or political bias; the ICJ itself has characterized ex aequo et bono as an extraordinary option, emphasizing its exceptional status in advisory opinions and separate declarations.^[1] This non-use reflects broader concerns that departing from legal norms could erode the Court's legitimacy and predictability in international relations. Distinct from ex aequo et bono, the ICJ frequently applies "equitable principles" under Article 38(1)(c) as general principles of law recognized by nations, which operate within the legal framework to interpret or supplement rules without requiring separate consent.^[17] For instance, these principles—such as fairness in resource allocation or treaty interpretation—allow corrective equity (infra legem or praeter legem) in cases like maritime delimitation, serving as a substitute for full discretionary judgment while maintaining adherence to international law.^[17] In contrast, ex aequo et bono under Article 38(2) permits decisions potentially contra legem, unbound by existing rules, but its rarity underscores the preference for legally embedded equity over unbound fairness.^[2]

Practice in Other International Tribunals

In the Eritrea-Ethiopia Claims Commission (EECC), established by the 2000 Algiers Agreement to adjudicate claims arising from the 1998-2000 border war, the parties explicitly prohibited the use of ex aequo et bono decision-making. Article 5(13) of the agreement mandated that the Commission apply relevant rules of international law, including international humanitarian law, and stated that it "shall not have the power to make decisions ex aequo et bono." This restriction aligned with the UN-mandated framework's emphasis on binding legal arbitration, ensuring decisions were grounded in established norms rather than discretionary equity.^[18] The Permanent Court of Arbitration (PCA), as a forum for state-to-state disputes, has seen rare applications of ex aequo et bono, typically constrained by underlying treaties that require adherence to international law. For instance, in the 1910 Orinoco Steamship Company case between the United States and Venezuela, the mixed claims commission under PCA auspices awarded compensation ex aequo et bono at US$7,000, reflecting a sense of fairness where legal rules were insufficient. However, modern PCA proceedings, governed by optional rules for arbitrations between states, permit ex aequo et bono only with explicit party consent, and most compromissory clauses in treaties limit tribunals to legal application, rendering such decisions exceptional.^[19] In the World Trade Organization (WTO) Dispute Settlement Body, there is no direct provision authorizing panels or the Appellate Body to decide cases ex aequo et bono; instead, they are strictly bound by the covered agreements and cannot add to or diminish parties' rights and obligations under Article 3.2 of the Dispute Settlement Understanding (DSU).^[20] Equity may be considered indirectly through principles like good faith or procedural fairness, as in cases involving abuse of rights, but panels emphasize textual interpretation and legal conformity over discretionary equity.^[21] For example, in disputes like United States – Continued Dumping and Subsidy Offset Act of 2000, parties affirmed that panels lack authority to rule ex aequo et bono, underscoring the system's legalistic framework.^[22] Under the United Nations Convention on the Law of the Sea (UNCLOS), tribunals addressing maritime boundary disputes apply Articles 74 and 83, which require delimitation by agreement "in accordance with international law" to achieve an "equitable solution," akin to but distinct from ex aequo et bono.^[23] These provisions reference Article 38 of the ICJ Statute, incorporating equitable principles within legal bounds, without authorizing decisions outside the law unless parties explicitly agree under Article 293(2).^[23] In practice, tribunals like the International Tribunal for the Law of the Sea (ITLOS) or ad hoc arbitral bodies have used equitable methods, such as adjusting provisional equidistance lines based on relevant circumstances, but emphasize that this equity infra legem adheres to international law, not ex aequo et bono discretion.^[24]

Use in Domestic and Arbitration Law

National Legislation Examples

In India, the Arbitration and Conciliation Act, 1996, codifies the principle of ex aequo et bono in Section 28(3), which states that the arbitral tribunal shall decide disputes ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.^[25] This provision, modeled on the UNCITRAL Model Law, allows arbitrators to base decisions on fairness and equity rather than strict legal rules when parties consent, promoting flexibility in commercial disputes. Australia's uniform Commercial Arbitration Acts, such as the 2010 Act in New South Wales, incorporate the principle through Section 28(4), enabling the arbitral tribunal to decide ex aequo et bono or as amiable compositeur solely upon express party authorization.^[26] This aligns with the UNCITRAL Model Law adopted across Australian jurisdictions, permitting equitable resolutions in domestic commercial arbitration where parties agree to forgo rigid application of law. In France, the Code of Civil Procedure addresses ex aequo et bono via the concept of amiable compositeur in Article 1478, stipulating that the arbitral tribunal shall decide disputes in accordance with rules of law unless the parties entrust it to rule as an amiable compositeur. This empowers arbitrators to prioritize equity and good faith over strict legality when authorized, a longstanding feature of French arbitration law that influences international practice.^[27] The principle is more explicitly codified and commonly invoked in civil law jurisdictions, such as Italy's Code of Civil Procedure (Article 832), which permits decisions ex aequo et bono if parties authorize arbitrators to deviate from legal rules, and Germany's Code of Civil Procedure (Section 1051(3)), requiring express party consent for equitable adjudication.^[28]^[29] In contrast, common law systems like those in Australia and India integrate it primarily through arbitration statutes modeled on international standards, but it remains rarer without separate equity courts, emphasizing strict law application unless parties explicitly opt for fairness-based resolutions.^[1]

Arbitration Rules and Practice

The UNCITRAL Model Law on International Commercial Arbitration (1985), in Article 28(1), establishes that the arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute, defaulting to rules it considers appropriate in the absence of such designation.^[30] Article 28(3) explicitly permits the tribunal to decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so, thereby making it an opt-in mechanism rather than a default approach.^[30] Under the International Chamber of Commerce (ICC) Arbitration Rules (2021), Article 21(1) allows parties to agree on the rules of law to be applied by the tribunal to the merits of the dispute, with the tribunal otherwise applying rules it deems appropriate.^[31] Article 21(3) further specifies that the tribunal shall act as amiable compositeur or decide ex aequo et bono only if the parties have expressly authorized it, reinforcing the consensual nature of this equitable decision-making power. Awards made under such authorization remain enforceable under the rules, particularly Article 35, and applicable international conventions.^[31] In practice, ex aequo et bono decision-making is frequently incorporated into international commercial arbitration agreements to achieve flexible outcomes that prioritize fairness over strict legal application, particularly in sectors like construction and trade where rigid rules might hinder practical resolutions.^[1] For instance, in trade-related disputes, parties often include such clauses to encourage settlements and avoid binary win-lose determinations, allowing arbitrators to tailor remedies based on commercial equity.^[1] Similarly, construction contracts may opt for this approach to address unforeseen site conditions or delay claims in a manner that balances ongoing project needs.^[5] While ex aequo et bono awards offer adaptability, they carry risks of being challenged for perceived arbitrariness if the tribunal exceeds the parties' express authorization, potentially under Article V(1)(c) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which permits refusal if the award deals with matters beyond the submission to arbitration.^[32] However, the Convention's pro-enforcement framework generally supports recognition of such awards when based on valid party consent, as long as they adhere to the agreed scope and do not violate public policy under Article V(2).^[32] This consensual foundation mitigates enforceability issues in jurisdictions party to the Convention, which number 172 states as of 2025.^[32]

Ex aequo in Non-Legal Contexts

The phrase ex aequo, derived from Latin ex ("from") and the ablative form of aequus ("equal"), translates to "from equality" or "on equal footing" and is primarily used in non-legal settings to denote a tie or shared position among participants who achieve identical results.^[33] This expression emphasizes parity without implying any additional moral or equitable judgment, distinguishing it etymologically by omitting the term bono ("good") found in related legal formulations.^[33] In competitive contexts, ex aequo commonly describes situations where winners or rankings are declared equal, such as in sports events governed by international federations. For example, the International Fencing Federation's rules assign points for placements like third position ex aequo at 50 points, ensuring tied competitors receive equivalent recognition. Similarly, in the 2024 Pablo Casals International Cello Competition, the Special AENA Prize was awarded ex aequo to two young cellists, Luís Dias Canali and Gabriel Guignier, for their outstanding performances in the final round.^[34]^[35] This usage is especially prevalent in French and other Romance languages, where it promotes fairness in non-judicial evaluations like award ceremonies and rankings, often appearing in official rules for music, film, and athletic competitions.^[36] For instance, at the 2025 Seminci International Film Festival in Valladolid, Spain, two short films, No Skate! by Guil Sela (France) and Dog Alone by Marta Reis Andrade (Portugal/France), shared the Silver Spike award ex aequo.^[37] In skiing competitions under the International Ski Federation, tied results are explicitly noted as ex aequo in official lists to reflect equal achievement without distinction.^[38]

Comparison with Equity and Amiable Compositeur

Ex aequo et bono differs from equity (aequitas) in its scope and application within legal frameworks. While equity typically operates intra legem or praeter legem—meaning it interprets or supplements existing law to achieve fairness without departing from legal rules—ex aequo et bono permits decisions extra legem or contra legem, allowing adjudicators to set aside positive law in favor of moral or equitable principles.^[2] This broader discretion under ex aequo et bono enables the creation of new obligations between parties, unbound by strict legal precedents, whereas equity remains tethered to the applicable legal system.^[1] For instance, in international law, equity has been invoked by the International Court of Justice to resolve ambiguities in treaties, such as in the North Sea Continental Shelf cases, but always as an interpretive tool rather than a wholesale replacement for law.^[1] In contrast to the role of an amiable compositeur in civil law arbitration, ex aequo et bono emphasizes a deeper commitment to moral good and conscience over mere amicable settlement. An amiable compositeur, a concept originating in French law, authorizes arbitrators to decide according to equity while still applying and adjusting legal norms for fairness, often staying within the bounds of non-mandatory rules to achieve a balanced outcome.^[39] Ex aequo et bono, however, prioritizes subjective justice derived from general principles of fairness, potentially disregarding legal strictures entirely when parties consent, making it a more unbound form of adjudication.^[39] Although the terms are sometimes used interchangeably in arbitration rules, such as those of the International Chamber of Commerce, the distinction lies in ex aequo et bono's focus on ethical equity beyond compromise.^[1] Unlike judicial equity applied ex officio, which courts may invoke on their own initiative as part of general principles of law without party authorization, ex aequo et bono strictly requires explicit consent from the disputing parties to legitimize its use.^[40] This consensual foundation ensures that ex aequo et bono does not impose equitable deviations unilaterally, distinguishing it from routine judicial equity that fills legal gaps or interprets rules as inherent to the judicial function.^[1] For example, under Article 38(2) of the Statute of the International Court of Justice, ex aequo et bono adjudication is permissible only if parties agree, whereas equity under Article 38(1)(c) can be applied ex officio.^[4] Theoretically, ex aequo et bono, equity, and amiable composition overlap in their shared roots in principles of fairness and justice, yet ex aequo et bono represents the most flexible and least constrained approach when authorized. All three concepts aim to mitigate the rigidity of positive law to promote equitable outcomes, but ex aequo et bono's reliance on moral conscience allows for innovative resolutions unbound by legal precedents, provided parties opt in.^[2] This consensual unbound nature positions it as a distinct tool in dispute resolution, particularly in arbitration, where it fosters tailored fairness without the interpretive limits of traditional equity.^[1]

Notable Applications and Cases

ICJ and Boundary Disputes

In the North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/Netherlands) (1969), the International Court of Justice ruled that the delimitation of overlapping continental shelf claims must be achieved through agreement in accordance with equitable principles, taking into account all relevant circumstances to ensure a just outcome.^[41] The Court emphasized that these principles derive from customary international law and reflect the continental shelf's status as a natural prolongation of the coastal state's land territory, rather than relying on rigid methods like equidistance unless adjusted for geographical factors such as coastline configuration.^[41] This approach operated firmly within the bounds of international law under Article 38 of the ICJ Statute, without requiring or invoking the parties' consent to decide ex aequo et bono, as equity here served as a structured legal norm rather than discretionary justice.^[41] The Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/United States of America) (1984) further illustrated the ICJ's application of equitable criteria akin to ex aequo et bono principles in a maritime boundary dispute, though the Chamber decided on the basis of equitable principles under Article 38(1)(c) of the ICJ Statute, affirming that it was bound to apply law rather than ex aequo et bono.^[42] A Chamber of the Court, tasked with drawing a single boundary for the continental shelf and fisheries zones under Article 38(1)(c) of its Statute, prioritized geographical factors such as coastline lengths—yielding a ratio of 1.38:1 in favor of the United States (284 nautical miles to Canada's 206 nautical miles)—to achieve an equitable division.^[42] The resulting boundary comprised three segments: an initial bisector line from the starting point at 44°11'12"N, 67°16'46"W, a corrected median line, and a perpendicular to the Gulf's closing line, extending to 40°27'05"N, 65°41'59"W, thereby balancing the parties' claims without resorting to pure discretion.^[42] Similarly, in the Continental Shelf (Libyan Arab Jamahiriya/Malta) case (1985), the ICJ employed equity to formulate an "equitable solution" for delimiting the continental shelf between opposite coasts, adjusting a provisional median line northward by 18 minutes of latitude to address the stark disparity in coastal lengths (Libya's 192 miles versus Malta's 24 miles).^[43] This adjustment, which excluded Malta's small island of Filfla from baseline calculations to avoid disproportionate effects, ensured a reasonable proportionality between allocated shelf areas and relevant geographical circumstances, such as Malta's position as a minor feature in the central Mediterranean.^[43] The Court distinguished this method from ex aequo et bono by grounding it in the legal requirement for an equitable result under international law, focusing on case-specific factors rather than abstract fairness.^[43] These landmark decisions reveal a consistent pattern in ICJ jurisprudence on boundary disputes: a preference for structured equity—applied through provisional lines adjusted by verifiable criteria like geography and proportionality—over the unbounded discretion of ex aequo et bono, thereby preserving predictability and fidelity to legal norms.^[44] This approach underscores the Court's role in fostering negotiated settlements while providing objective guidance, as seen in the obligation to negotiate in good faith using equitable methods.^[45]

Arbitration and Investor-State Examples

Under UNCITRAL rules, parties in commercial arbitrations during the 2010s have agreed to ex aequo et bono or equity-based resolutions to address contract ambiguities, particularly where strict application of law would lead to unjust outcomes. Article 35 of the UNCITRAL Arbitration Rules (as revised in 2010) explicitly authorizes tribunals to decide ex aequo et bono or as amiable compositeur only if the parties expressly consent, enabling flexible resolutions in disputes involving unclear contractual terms, such as allocation of unforeseen risks in international sales agreements. This approach has been invoked in cases where legal rules fail to provide adequate guidance, allowing arbitrators to base awards on principles of justice and fairness to restore commercial equity. In investor-state arbitration, full ex aequo et bono decisions remain rare, with only two reported ICSID cases (S.A.R.L. Benvenuti & Bonfant v. People's Republic of the Congo, 1980; and Atlantic Triton v. Guinea, 1986), due to bilateral investment treaties (BITs) and ICSID Convention requirements mandating application of applicable law, though tribunals have incorporated equitable adjustments in partial awards, such as compensation calculations in BIT disputes involving regulatory changes.^[46] For instance, in the Atlantic Triton case (ICSID Case No. ARB/84/1), the parties agreed to ex aequo et bono under Article 42(3) of the ICSID Convention in a dispute over a contract for constructing a fishing vessel, and the tribunal awarded compensation based on fairness principles rather than strict legal rules.^[46]