The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals by Silja SchaffsteinThe Doctrine of Res Judicata Before International Commercial Arbitral Tribunals by Silja Schaffstein

The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals

bySilja Schaffstein

Hardcover | April 23, 2016

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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 priorjudgments 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 the first practical and comprehensive guidelines formatters of res judicata for international commercial arbitration practitioners. Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation whilst part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which resjudicata issues are likely to arise before international commercial arbitral tribunals and provides actionable solutions. The book determines the key features of the doctrine of res judicata in the laws of England, the United States, France and Switzerland, as representative of the common lawsystem on the one hand and the civil law system on the other hand. The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals. The aim of the work is to demonstrate how transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. The analysis looks at how the doctrine should be applied by international commercial arbitral tribunals in their relations with other arbitraltribunals or state courts, and within the arbitral proceedings pending before them. The work sets out the transnational principles in the form of guidelines for international arbitrators.

About The Author

Dr Silja Schaffstein is an associate at Levy Kaufmann-Kohler, Attorneys-At-Law in Geneva.

Details & Specs

Title:The Doctrine of Res Judicata Before International Commercial Arbitral TribunalsFormat:HardcoverDimensions:352 pages, 9.69 × 6.73 × 0.03 inPublished:April 23, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198715617

ISBN - 13:9780198715610

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Table of Contents

Part I - The Doctrine of Res judicata in Litigation1. The Doctrine of Res judicata in Domestic Laws2. The Doctrine of Res judicata in International LawPart II - The Doctrine of Res judicata in International Commercial Arbitration3. Res judicata Issues Arise in International Commercial Arbitration4. Res judicata in International Commercial Arbitration - A Problem5. Search for an Appropriate Approach6. Transnational Res judicata Principles for International Commercial Arbitral Tribunals7. Conclusion