The discussion about whether and how the arbitral tribunals can apply the iura novit arbiter (INA) principle has been widely debated in different studies of international arbitration. INA allows the arbitrator to amend and to replace wrongly invoked law or the law not invoked by the parties. However, the arbitrator cannot go beyond the request,…

Much has been written about iura novit curia or, as it has been rephrased for arbitration purposes – the iura novit arbiter principle in international arbitration. There are three main areas of debate. The first of these areas deals with the different approaches to the role and duties of the decision-making body and the parties…