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Part II The Doctrine of Res Judicata in International Commercial Arbitration, 3 Res Judicata Issues Arise in International Commercial Arbitration

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: 07 December 2021

Res judicata — Arbitral rules — Recognition and enforcement — Arbitrators

This chapter presents varying situations in which issues concerning the res judicata doctrine arise before arbitral tribunals. These situations may be sorted into four categories, based on the nature of the court or tribunal having rendered the first final and binding decision. First, situations that arise between arbitral tribunals and state courts; second, between different arbitral tribunals; third, within a same arbitration proceeding between a partial and a final award and lastly, between supra national courts or tribunals and arbitral tribunals. The fourth category concerns mostly investment protection treaty cases. Because of the proliferation of multiple proceedings and an increasing bifurcation of arbitration proceedings, the number of cases in which arbitrators will have to deal with res judicata issues will also increase.

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