Generally, in simple terms, it is agreed that disputes subjected to neutral parties for determination must come to an end. It is also the position of the law that a dispute between parties, once determined by a competent neutral party, shall not resurface before another neutral party between the same disputing parties and on the same issues or cause of action as the case may be except where an appeal or application to the same court level or higher court is allowed by law. The law calls this res judicata. In International Arbitration the principle is not any different except that it is developed to fit the transnational nature of disputes.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Deconstructing Res Judicata in International Arbitration
- Res judicata and Issue Estoppel
- Res Judicata under Common Law
- Res Judicata in Civil Law Jurisdiction
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to explore the doctrine of res judicata in international commercial arbitrations, highlighting its application in both common and civil law jurisdictions. It examines the principle's nuances and complexities within the transnational context of arbitration.
- The doctrine of res judicata in international commercial arbitration.
- Comparison of the application of res judicata in common and civil law jurisdictions.
- The impact of lex arbitri and lex causei on the application of res judicata.
- The relationship between res judicata and issue estoppel.
- The uncertainties and challenges posed by the application of res judicata in international arbitration.
Zusammenfassung der Kapitel (Chapter Summaries)
The paper begins by introducing the concept of res judicata, its general application in legal disputes, and its specific relevance in international arbitration. It provides a brief overview of the principle as outlined by Redfern and Hunter.
Chapter 2 delves into the complexities of res judicata in international arbitration, examining its application under both common and civil law jurisdictions. It explores the relationship between res judicata and issue estoppel, highlighting their similarities and points of divergence. The chapter further discusses the factors that influence the application of res judicata, such as the choice between lex arbitri and lex causei.
Schlüsselwörter (Keywords)
Res judicata, international commercial arbitration, common law, civil law, issue estoppel, lex arbitri, lex causei, transnational nature, legal regimes, uncertainty, legal disputes.
- Citation du texte
- Adams Rajab Makmot-Kibwanga (Auteur), 2018, The Doctrine of Res Judicata in International Commercial Arbitrations, Munich, GRIN Verlag, https://www.grin.com/document/454740
