Res judicata in International Arbitration: Case Studies and Principles
Article from: TDM 3 (2012), in Case Comments & Awards
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 ...