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Ex aequo et bono ADR


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Grant Jones - Deciding an issue on 'ex aequo et bono', or 'according to the right and good', free from legal constraint, perversely requires a study of what is possible within a legal context to decide 'according to the right and good'. The study of ex aequo et bono was a particular specialism in my LLM in international commercial arbitration. As not just a lawyer, I felt that I was able to decide issues within a business context & consequently a knowledge of ex aequo et bono was a great use. As an arbitrator is unable to decide ex aequo et bono without the express permission of the arbitrants, I have always suggested in appropriate circumstances, the use of ex aequo et bono.