The Remedial Armoury of an Arbitral Tribunal

In this paper, CIArb President Professor Doug Jones AM considers the remedial powers of the arbitral tribunal. This paper is split into three parts. First, the paper looks at the powers of the arbitral tribunal with respect to granting remedies generally. Second, the paper considers whether a tribunal is limited to only granting relief as requested by the parties, or whether it has broader remedial authority. In the context of this discussion, this section examines the civil law concept of iura novit curia and considers if and how it can be adapted for international arbitration. Third, the paper considers procedural requirements as they apply in arbitral practice and how they affect the application of iura novit curia in international arbitration.

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