Jurisdiction ex aequo et bono

If court statutes and arbitration rules often provide for ex aequo et bono adjudication, international adjudicatory bodies rarely use it. Less successful than its predecessor, absolute equity, ex aequo et bono adjudication is limited in contemporary times to less than a handful of investment arbitration cases. The chapter considers ex aequo et bono in light of the jurisprudence of international courts and tribunals, it explores the types of dispute for which an ex aequo et bono mandate is suitable and its compatibility with the judicial function. The chapter argues that ex aequo et bono powers must not be conflated with equity that international courts and tribunals can apply anyway, that ex aequo et bono adjudication is legal adjudication, and it shows that on the rare occasions when tribunals have been granted ex aequo et bono powers, they have tended to interpret them narrowly.