Iura novit arbiter in International Disputes: How to Prevent Unforeceable Legal Findings

Abstract

If ever there was a globalized world, we are experiencing it! In this fervently interconnected and
accelerated world, the main purpose of companies and businessmen is to continue their business.
In such a context, ruled by the “business as usual”, arbitration increasingly appears to be a
certainly less traumatic way of resolving a dispute and then an ideal comfort neutral room for
players from different countries and with distant backgrounds.
However, its attractive nature of the private process must be combined with the jurisdictional
functions that the arbitrators have to accomplish anyhow.
The balance between these two factors (namely, the substantially private nature of the arbitral
process and the jurisdictional role of the arbitrators) will lead to the result, positive or negative, of
this choice made by the parties.
For these reasons, they should have all the skills to build, with the precious support of their
lawyers, a valuable product.
This short article aims at highlighting the role of the principle “iura novit curia” in the modern
international arbitration, since the election of the applicable law, as well as its ascertainment, are
two of the most challenging tasks for the arbitrators to deliver a satisfactory service.