Vi. the Legal Reasoning in an Arbitral Award. Some Further Remarks On Interpretation of Submissions

Vi. the Legal Reasoning in an Arbitral Award. Some Further Remarks On Interpretation of Submissions VI. THE LEGAL REASONING IN AN ARBITRAL AWARD. SOME FURTHER REMARKS ON INTERPRETATION OF SUBMISSIONS The parties can prescribe that the competence of an arbitral tri- bunal shall be limited to a valuation of the arguments advanced in the proceedings. If so, the tribunal must obey. The compromis is the code of the tribunal. As declared by the Permanent Court of Arbitration in the Orinoco . Shipping Company Case :278) »excessive exercise of power may consist, not alone in deciding a question not submitted to the arbitrators, but also in misinter- preting the express provision of the agreement in respect of the way in which they are to reach their decisions, notably with regard to the legislation or the principles of the law to be applied.« The instances where such a restriction is imposed upon the tri- bunal by virtue of a compromissory clause may be said to constitute exceptions to the principle of jura novit curia, with the reservation that an arbitral tribunal also determines its own competence (in conformity with the traditions since the case of the Alabama) and thus has the power of construing the provisions concerned. But when the compromis is silent concerning the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Vi. the Legal Reasoning in an Arbitral Award. Some Further Remarks On Interpretation of Submissions

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Publisher
Martinus Nijhoff
Copyright
© 1962 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/187529362X00089
Publisher site
See Article on Publisher Site

Abstract

VI. THE LEGAL REASONING IN AN ARBITRAL AWARD. SOME FURTHER REMARKS ON INTERPRETATION OF SUBMISSIONS The parties can prescribe that the competence of an arbitral tri- bunal shall be limited to a valuation of the arguments advanced in the proceedings. If so, the tribunal must obey. The compromis is the code of the tribunal. As declared by the Permanent Court of Arbitration in the Orinoco . Shipping Company Case :278) »excessive exercise of power may consist, not alone in deciding a question not submitted to the arbitrators, but also in misinter- preting the express provision of the agreement in respect of the way in which they are to reach their decisions, notably with regard to the legislation or the principles of the law to be applied.« The instances where such a restriction is imposed upon the tri- bunal by virtue of a compromissory clause may be said to constitute exceptions to the principle of jura novit curia, with the reservation that an arbitral tribunal also determines its own competence (in conformity with the traditions since the case of the Alabama) and thus has the power of construing the provisions concerned. But when the compromis is silent concerning the

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1962

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