International Arbitration and Jura Novit Curia - Towards Harmonization
Article from: TDM 3 (2012), in International Commercial Arbitration
Introduction
Much has been said by prominent legal writers and many decisions have been issued by state courts on the principle of Jura Novit Curia in international arbitration. Recently, the International Law Association (ILA) Committee on International Commercial Arbitration enacted Resolution N° 6/2008 on "Ascertaining the Contents of the Applicable Law in International Commercial Arbitration" , a precious tool for practitioners. An intense debate was conducted in the autumn of 2008 at the Club of Arbitrators in Milan under the direction of Professor Bernardo Cremades, to whom ...