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Part II The Doctrine of Res Judicata in International Commercial Arbitration, 6 Transnational Res Judicata Principles for International Commercial Arbitral Tribunals

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 explains principles of the res judicata doctrine for international commercial arbitral tribunals based on transnational law. There are two main values that transnational litigation upholds in determining the scope of the preclusive effects of a prior judgment in one country and the subsequent proceedings in another country. First, a judgment must be accepted in the recognising state with the original effects it would have in the state in which it was first rendered. Thus, the law of the country, where the first judgment was rendered, will determine the judgment’s preclusive effects in the subsequent proceedings. Second, the application of the law of the rendering state should preserve the integrity of the rendering state’s judicial system and that state’s resources.

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