Res Judicata in International Arbitration: To What Extent Does an Arbitral Award Prevent the Re-Litigation of Issues?
Article from: TDM 6 (2015), in International Commercial Arbitration
Abstract
The res judicata effect of an arbitral award is of paramount importance in international arbitration since parties to a dispute predominantly choose arbitration to obtain a final and binding resolution to their existing or potential disputes. Nevertheless, there is limited guidance for arbitrators on how to respond to such issues. Even though one might think to apply national res judicata provisions, they are not only divergent but also litigation-specific. Thus, they are not able to provide ideal solutions to the problems arising in international arbitration. One of the issues ...