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.
What is the doctrine of "res judicata" in international arbitration?
Res judicata is the legal principle that once a dispute has been determined by a competent neutral party (like an arbitral tribunal), it cannot be re-litigated between the same parties on the same issues.
How does res judicata differ between Common Law and Civil Law?
Common Law jurisdictions often distinguish between res judicata and "issue estoppel," while Civil Law systems may have different criteria for the identity of the parties and the cause of action.
What is the significance of the "transnational nature" of disputes?
In international arbitration, the principle must be adapted to fit disputes that span multiple legal regimes, requiring careful consideration of lex arbitri (law of the seat) and lex causei (substantive law).
What happens if a party tries to resurface a determined issue?
Except where an appeal is legally allowed, the doctrine of res judicata acts as a bar to prevent a second tribunal from deciding on the same matter, ensuring finality of disputes.
What are the challenges of applying this doctrine internationally?
Uncertainties arise from conflicting legal traditions and the lack of a single global standard for how res judicata should be applied across different arbitral seats.
