Originally from Iura Novit Curia in International Arbitration

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I. INTRODUCTION

Russian law does not contain specific legal provisions expressly related to iura novit arbiter issues. The complexity of powers granted to the arbitral tribunal (AT) and allowing it the freedom to deviate from certain patterns established by the parties in arbitration proceedings is regulated and influenced by various sources, including the laws, the rules of permanent arbitration institutions, and the practice of State courts and of the arbitral tribunals. 

Under the notion of iura novit curia, the following are presented:

a) The arbitral tribunal’s power to make its own legal inferences from the factual basis that was proven by the parties, 

b) The arbitral tribunal’s power to apply the governing law to interpret, construe, supplement or correct the contract, 

c) The arbitral tribunal’s power to apply the legal sources it deems applicable, even if they do not belong to the law chosen or pleaded by the parties,

d) The arbitral tribunal’s power to order, independently from the parties’ pleadings, the remedies that follow from the sources of law the arbitral tribunal deems applicable.