Preamble 0.3 of the BAT Arbitration Rules), and the underlying BAT Arbitration Rules provide for the dispute to be decided not on the basis of any national legal system but ex aequo et bono, i.e.
It is worth noting that based on past experience, had a national legal system been applied instead of a ruling ex aequo et bono, the BAT arbitration awards would have turned out differently in only a few exceptional cases, and even then only marginally differently.
While Croatia favours the ICJ, Slovenia is insisting that this court would need to rule by taking into consideration the principle of ex aequo et bono
' [Latin for according to the right and good'], under which fairness and equitability are placed ahead of the strict application of the law.
Likewise, time is saved by the fact that the dispute is decided on an ex aequo et bono basis-in other words, by applying general rules of justice and fairness, including, of course, the rule of due process-obviating the need to refer to any particular national or International law.
However, not all sports may wish to adopt the ex aequo et bono basis of decision-making and/or exclude further appeals to external courts or tribunals-in other words, the ordinary courts of the land which may otherwise have jurisdiction in dealing with disputes.