On October 31, Paris Arbitration hosted a conference on the choice of Paris as the seat in international arbitration, and its far-reaching implications. The conference, taking place in the heart of…
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…
How is the content of laws determined, and by whom, in international commercial arbitration?
This topic mainly concerns an old legal assumption: iura novit curia, the Latin legal maxim for “the court…
The recent decision of the Paris Court of Appeal on the annulment of the ICC award in the case De Sutter P. - K., DS2 S.A., et al. v. Republic of Madagascar brings the “iura novit curia” issue back…
and Katherine Bell, Schellenberg Wittmer
In decision 4A_554/2014 dated 15 April 2015, the Swiss Federal Supreme Court considered an application to set aside an award on the ground of violation of the…