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Possible Enforcement of Worldwide Freezing Orders in Switzerland | Kluwer Arbitration Blog

23.03.2012 | By Matthias Scherer and Simone Nadelhofer, LALIVE, Geneva and Zurich

 

Note on the Swiss Federal Supreme Court's decision 4A_366/2011 of 31 October 2011 (The decision in German can be downloaded on http://jumpcgi.bger.ch/cgi-bin/JumpCGI?id=31.10.2011_4A_366/2011).

 

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Iura Novit Curia | Transnational Notes

Iura Novit Curia | Transnational Notes | Arbitration | Scoop.it

19 December 2011 | By Ali Assareh

 

"Because arbitration differs from both civil law litigation and common law litigation, the application of iura novit curia in the arbitration context gives rise to unique problems. These problems arise because the parties’ choice of law does not resolve the question of the applicability of the principle in the arbitration context. The arbitrator is, therefore, left with the difficult question of whether or not and more importantly to what extent to apply the principle to a case at hand.


To highlight the difficulties confronting arbitrators in the application of iura novit curia, I wish to focus on the interplay of the principle with two particular aspects of arbitration: party autonomy, and uniformity in the application of choice of law."

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Iura Novit Curia in Investment Treaty Arbitration: May? Must? | Kluwer Arbitration Blog

29 December 2011 | By David M. Bigge, US Department of State

 

"While there are very few decisions on iura novit curia in the investment treaty arbitration context, a small number of investment treaty arbitral tribunals and ad hoc annulment committees have found that they have similar powers. More recently, at least two ICSID annulment committees have gone further, suggesting that iura novit curia is not only a power tribunals may exercise, but one tribunals must exercise. This short note does not address the appropriateness of iura novit curia in investment treaty arbitration, but is intended to summarize the different ways the concept has been applied in this forum."

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Hong Kong’s arbitration year in review: a Christmas blog | Kluwer Arbitration Blog

14 December 2011 | By Justin D'Agostino, Herbert Smith LLP

 

"2011 has delivered some significant arbitration developments in Hong Kong, most of which (with some exceptions!) have been undoubtedly positive. So, what were the highlights of the Hong Kong arbitration year – and what challenges might lie ahead?"

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