How far may arbitrators go when identifying and applying the law? And where are the limits of jura novit curia in modern international arbitration?
In this session, we explore one of arbitration’s most delicate balancing acts: the tribunal’s truth-seeking mandate on the one hand, and party autonomy, equal treatment, and the prohibition of surprise decisions on the other. We will discuss:
- whether arbitrators may raise legal issues sua sponte,
- how far discretion can go before fairness is compromised, and
- the risks for enforceability when tribunals rely on legal grounds not pleaded by the parties.
Despite soft-law guidance attempting to harmonize practice, uncertainty remains high and the stakes for award validity are significant. Join us for an insightful lunchtime exchange on a principle that continues to shape the boundaries of fair and predictable arbitral decision-making.
DIS-Veranstaltungsreihe 2025 - online
Lunch DIScussions: The Jura Novit Curia Principle in International Commercial Arbitration
Date: 11 December 2025, 1.00 - 2.00 pm
The event will take place as a video conference.
For further information please refer to the programme. Participation in this event is free of charge.
Registration
Please register on or before 9 December 2025 via the link below. By registering you accept the DIS General Terms and Conditions for Conferences and Workshops.