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Part I The Doctrine of Res Judicata in Litigation, 2 The Doctrine of Res Judicata in International Law

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

Res judicata — Arbitral rules — Recognition and enforcement — Arbitrators — Judgments

This chapter discusses how international law deals with the problems of multiple proceedings and conflicting judgments concerning the doctrine of res judicata. In international law, the problem is handled differently depending on whether it arises in the private or public international law context. In private international law, the problem has long been resolved by domestic private international law acts and various bilateral conventions. In Europe, the Brussels I Regulation seeks to avoid these problems among Member States by unifying rules on jurisdiction and the recognition and enforcement of judgments. On the other hand, in public international law, a uniform doctrine of res judicata has been developed on the basis of domestic res judicata rules.

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