PRINCIPLE IURA NOVIT CURIA IN INTERNATIONAL COMMERCIAL ARBITRATION
Journal Title: Правова держава - Year 2016, Vol 22, Issue
Abstract
The article is devoted to the analysis of the perspectives of application of civil law principle Iura novit curia to international commercial arbitration with an aim to ensuring effective dispute resolution. It is considered that the application or non-application of the principle Iura novit curia may be evaluated as a violation of the arbitral procedure, and consequently, risks of refusal recognition and enforcement of arbitral award by national court may arise. The analysis of the latest research and case law demonstrates that the way of application of Iura novit curia to arbitration depends on the applicable law to arbitration procedure and on judicial system of national court that is entitled to recognize the arbitral award. The research argues that besides the fact that there is no standardization in this field, there are specific conditions of application of the Iura novit curia to arbitration such as: conformity to principles of due process and a right to be heard, and also a permissive approach.
Authors and Affiliations
O. V. Koch
Keywords
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