A contentious question in terms of arbitrator duties is whether a tribunal must know and apply the appropriate law regardless of the contentions of the parties, under the principle iura novit curia, in some cases, even without notice to the parties. The better view is that tribunals should not deal with matters not raised, and should always afford parties an opportunity to make adequate submissions. The most significant area where duties may arise involves the duty to accurately apply the law. The obligation to follow the mandate and act with due care suggest that a tribunal must come to the most correct conclusion and should not simply choose which is the least inaccurate of two competing submissions. Nevertheless, in such circumstances it will always be necessary to give the parties an adequate warning of the tribunal's thinking and a proper opportunity to make submissions in a timely and efficient manner.
Journal of International Arbitration