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From: The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals

Silja Schaffstein

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 24 January 2021

Arbitral rules — Recognition and enforcement — Arbitrators — Judgments

This introductory chapter discusses the judiciary problems that may arise from the increasing number of multi-fora disputes in the international arbitration. International arbitration is widely considered to be the principal method of dispute resolution for international commercial disputes, which commonly involve multiple parties, contracts, and issues. The multiplicity of the subjects involved in the disputes often results in conflicts concerning the proper forum to be applied, and give rise to the question: if a national court renders a decision on the jurisdiction of the arbitral tribunal, would the arbitrators be bound by the prior decision, or could they decide anew whether they have jurisdiction? If the arbitrators are bound by a national court judgment, the parties’ arbitration agreement may be frustrated. On the other hand, if the arbitrators are not bound by the prior judgment and decide that there is a valid arbitration agreement, parallel court and arbitration proceedings may ensue.

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