Does the arbitrator know the law ? Jura novit curia vs the general principle that parties should not be ambushed in the context of international arbitration

PRELIMINARY COMMENTS

In its essence, the legal maxim jura novit curia means that the court knows the law.   As far as we know, it was first used by medieval commentators writing on the legal system of ancient Rome. In civil law jurisdictions (such as Poland, Switzerland, or Germany), this principle is interpreted as a basis for the court’s power to make procedural decisions invoking laws or substantive legal institutions irrespectively of whether or not they had been cited by the parties to the given case. In other words, in proceedings before a general court, it is up to the court itself, acting ex officio, to seek out relevant laws and to duly apply them. In some legal systems, including the Polish one, parties seeking legal recourse are not as much as obligated to cite a legal basis for the claims adduced by them (…) 

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