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This chapter presents the overall conclusions drawn from this study. It finds that there is ample room for the application of iura novit curia in investment arbitration, provided that the procedural rights of the parties are adequately safeguarded. When these rights are protected, the principle is not even permissible but even desirable: Independent ascertainment can enhance the sophistication of investment arbitration and promote various policy objectives underlying the international investment protection regime. The chapter concludes with an outlook on the potential role of iura novit curia in a future permanent investment court.

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Conclusions and Outlook

  • 章节

  • 发表日期：

    2025年

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  • Bianca Böhme

摘要

This chapter presents the overall conclusions drawn from this study. It finds that there is ample room for the application of iura novit curia in investment arbitration, provided that the procedural rights of the parties are adequately safeguarded. When these rights are protected, the principle is not even permissible but even desirable: Independent ascertainment can enhance the sophistication of investment arbitration and promote various policy objectives underlying the international investment protection regime. The chapter concludes with an outlook on the potential role of iura novit curia in a future permanent investment court.