Article
Limits To Iura Novit Curia: Chilean Court Sets Aside International Arbitral Award For Exceeding The Scope Of The Parties’ Submissions
A Chilean appellate court annulled a major international arbitration award in a salmon-farming acquisition dispute, ruling that the tribunal exceeded its mandate by recharacterizing the buyers' contractual damages claim into an unpleaded restitutionary price adjustment claim. The decision explores the boundaries of the iura novit curia principle and its limits when tribunals reshape claims beyond what parties actually submitted for arbitration.
Baker Botts LLP