ABSTRACT: This essay deals with the boundaries of the arbitrators' mandate when deciding a case based on a law legal ground not pleaded by the parties. In some legal systems such practice is referred as iuria novit curia. The writer sought for the decisions on this issue rendered by the courts from countries frequently used as seats of international commercial arbitration and the interesting about the matter is that the due process of law principle plays an important role in the mission of the arbitrator, i.e. on whether or not the arbitrator should act with the adage of iuria novit curiae.
Revista Brasileira de Arbitragem