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Res judicata in International Arbitration: Case Studies and Principles

Published 22 February 2012

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Introduction

The issue of res judicata arises more often than one might think in international arbitration. Indeed, the author has been involved in numerous arbitrations where a party has relied on submissions, evidence, or decisions from a related or parallel arbitration.

This article presents two case studies where the issue of res judicata arose. It explains how the issue was dealt with in those cases, and subsequently reviews some of the principles that one may look to when considering this issue.

The author does not presume to have answers to all of the questions that this issue raises. These case studies and principles are simply presented as material upon which one might draw when confronted with this issue depending upon the circumstances of the case.

Case Studies: Telesat Canada v. Boeing; Western European Oil Company v. Eastern European Oil Company

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