Part II The Doctrine of Res Judicata in International Commercial Arbitration, Conclusion
- Res judicata — Arbitral rules — Recognition and enforcement — Arbitrators — Judgments — Forum non conveniens
This chapter concludes that the questions arising from the doctrine of res judicata in international commercial arbitration is only one aspect of a greater problem — the coordination of jurisdictions between arbitral tribunals and other national, international, and supra-national courts and tribunals. The parallel coexistence of these courts and tribunals, coupled with the increasing complexity of international disputes that involve a multitude of closely related parties, contracts, and issues, will inevitably lead to conflicts of jurisdiction. These conflicts not only raise questions of res judicata, but also of the applicability of other jurisdiction-regulating mechanisms, such as lispendens, forum non conveniens, consolidation, and joinder, as well as the availability of anti-suit and anti-arbitration injunctions of damages for the breach of arbitration agreements.