The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals (Oxford International Arbitration Series)

Synopsis

Today, International Commercial Disputes Regularly Involve Multiple Parties, Contracts, And Issues. As A Result, The Number Of Disputes That Are Tried In Two Or More Different Forums Has Increased, Giving Rise To Difficult Issues Regarding The Conclusive And Preclusive Effects Of Prior Judgments Or Awards. As A Result, The Doctrine Of Res Judicata , Which Requires That A Final Decision By A Court Or Arbitral Tribunal Is Conclusive And Should Not Be Re-litigated, Is Of Increasing Significance. Dr Silja Schaffstein Provides Guidelines For Matters Of Res Judicata For International Commercial Arbitration Practitioners. Introduction -- The Doctrine Of Res Judicata In Domestic Laws -- The Doctrine Of Res Judicata In International Law -- Res Judicata Issues Arise In International Commercial Arbitration -- Res Judicata In International Commercial Arbitration : A Problem -- Search For An Appropriate Approach -- Transnational Res Judicata Principles For International Commercial Arbitral Tribunals -- Conclusion. Silja Schaffstein. Revised Version Of The Author's Thesis (ph.d.)--university Of Geneva. Includes Bibliographical References (pages 303-315) And Index.