[1] However, a decision ex aequo et bono is distinguished from a decision on the basis of equity (equity intra legem) and even tribunals with ex aequo et bono powers generally consider the law too.
[3] In 1984, the ICJ decided a case using "equitable criteria" in creating a boundary in the Gulf of Maine for Canada and the US.
It is also embodied under Section 28(2) of the Indian arbitration law - Arbitration & Conciliation Act, 1996 ("The arbitral tribunal shall decide ex aequo et bono or as amicable compositeur only if the parties have expressly authorised it to do so") On the other hand, the constituent treaty of the Eritrea–Ethiopia Claims Commission explicitly forbids the body from interpreting ex aequo et bono.
Ex aequo et bono powers are occasionally granted to investor-state tribunals deciding disputes between states and foreign investors, such as in Benvenuti & Bonfant v Republic of the Congo.
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