| Popis: |
This article studies the applicability of iura novit curia to arbitration. The author demonstrates that the private nature of arbitration is incompatible with the public values that have inspired the development of the aphorism in Procedural Law. Therefore, it is necessary to erect a specific institution to Arbitration Law with its own characteristics – henceforth called iura novit arbiter. The author concludes that iura novit arbiter is a natural consequence of the parties’ freedom to choose the substantive law governing the dispute before the arbitrators. At the end, the article analyses some procedural issues involving iura novit arbiter, including: the right to be heard, the correlation between claim and award and the procedural errors related to the misuse of the aphorism. |
