Topic: Iura novit curia
Abdel Wahab proposes “iura novit arbiter” protocol in Freshfields lecture
In the 39th annual Freshfields Arbitration Lecture, Egyptian arbitrator Mohamed Abdel Wahab discussed the controversial iura novit arbiter principle and proposed a new protocol to deal with divergent approaches and bring an end to the “legal desperation” surrounding its application.
28 November 2024
Privy Council upholds Cayman enforcement decision
The UK Privy Council has upheld the enforcement of a Brazilian airline’s US$55 million ICC award in the Cayman Islands even though the arbitrators decided the case on the basis of a legal concept not pleaded by the parties.
19 May 2022
Brazilian airline’s award enforced in Cayman Islands
The Court of Appeal of the Cayman Islands has enforced a Brazilian airline’s US$55 million ICC award against two private equity funds, ruling that the arbitrators were entitled to decide the case on a legal ground not pleaded by the parties.
19 August 2020