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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Infra Petita

Serena Forlati

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 29 May 2020

Subject(s):
General principles of international law — Appeal from award — Appeals — Non liquet — Consent to jurisdiction — Ultra Vires conduct

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The notion of infra petita (in Latin, 'less than what was requested’) usually refers to a situation where a judge or arbitrator does not decide on one or several of the claims raised by the parties to a case. The rule whereby judgments and awards should not be infra petita is firmly entrenched in several domestic legal systems, where it is considered as a component of the party-disposition principle (principe dispositif). The latter implies that it is for the parties to autonomously decide the object of any given dispute submitted to adjudication or arbitration,...
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