Iura Novit Arbiter revisited: towards a harmonized approach?
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
In French-language Decision 4A_538/2012 of 17 January 2013, the Swiss Federal Supreme Court provided clarification regarding the arbitrators’ duty to inform parties before rendering an award based on an unexpected legal reasoning.1 In this case, the appellant argued that a piece of evidence had been adduced only to establish certain facts, whereas the tribunal had diverted the evidence from its goal, deducing from it another fact. The Federal Supreme Court held that, according to the case law, the tribunal may be exceptionally under a duty to advise the parties when it considers basing its decision on a provision or a legal consideration that was not raised during the proceedings and the pertinence of which the parties could not guess, but that this jurisprudence does not concern the establishment of facts. Based on this recent decision, this article aims to analyse the origin and current practice of iura novit curia in relation to the application of foreign law in state litigation as well as in arbitration. It also seeks to examine reasons and limits for the principle, to propose a reformulation of the principle according to the results of the analysis, as well as to offer relevant recommendations.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.001 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it