Iura Novit Curia in International Arbitration addresses a question that has attracted the attention of both scholars and practitioners for some time, namely that of whether arbitral tribunals may develop their own legal reasoning independently of the agreement and pleadings of the parties, something that may be looked upon as an oxymoron, given that arbitration itself is considered to be nothing but the result of manifestations of party autonomy – at least according to mainstream understanding of arbitration.
The national reports included in this book, all drafted by distinguished academics and practitioners, are based on a questionnaire that can be found following this collection. These reports represent 15 major jurisdictions: Argentina, Austria, Brazil, Canada, Denmark, England, France, Germany, Hong Kong, Russia, Singapore, Spain, Sweden, Switzerland, and the USA.
The book also includes a general report, as well as a chapter by Friedrich Rosenfeld assessing how the principle iura novit curia is dealt with in international law.
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