Arbitral Freedom and Judicial Restraint: Iura Novit Curia in Gol Linhas Aereas SA v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others
For a judge to know the law may seem as obviously desirable as for a cook to know something of food. What goes for judges ought here to go for arbitrators. After all, overwhelmingly, parties choose lawyers as arbitrators in preference to industry or financial experts, for example. Yet say it in Latin and you…