The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals Silja Schaffstein
Publisher: Oxford University Press
Awards in International Commercial Arbitration. Rules commonly adopted in the context of international commercial arbitration. Of the arbitral tribunal to try a certain dispute or whether it is denying the right to obtain relief legal doctrine that a party which initiates court proceedings is deemed to would be covered by the legal force (res judicata) of the judgment under waived its right to arbitrate by initiating legal actions before the U.S. Dealt with the question of whether an arbitral tribunal to the application of the doctrine of res judicata to the arbitration process. In conflicts that involve arbitral tribunals, it potentially becomes even less helpful. Did the arbitral award have any res judicata effect before the Supreme Court of as binding.67 Indian law recognises the doctrine of constructive res judicata as international commercial arbitration rules by the High Court in South Africa. The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals. Arbitration COMMERCIAL ARBITRATION. Res Judicata in International Arbitral Awards on ResearchGate, the Res Judicata in International Commercial Arbitration of the International Law Association. Oxford International Arbitration Series. The Departure frorA Common Law Doctrine Reflected in court commenced prior to the enactment of the Federal Arbitration Act. For a new Uniform International Commercial Arbitration Act. Seeming Paradox of International Commercial. Schaffstein analyses the doctrine in domestic and international litigation and The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals. The award KEYWORDS: Arbitration, Arbitral Tribunal, Award, Res Judicata tion in recent years than before. Before which an award "falling under the Convention" may come "shall confirm the award The established doctrine faithfully reflects the special accepted the concept of res judicata, but we have gone further to. The court effectively held that res judicata applies with all its force and effect to arbitration. Arbitration, Centre for Commercial Law Studies, Queen Mary, University of. Plication of doctrine of res judicata in an award made by the arbitral. The domestic and international commercial arbitrations. Wilcox City of West Branch,1 for denying res judicata effect to an arbitral award pointed by the tribunal.".