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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals (Hardcover)
Loot Price: R4,596
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The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals (Hardcover)
Series: Oxford International Arbitration Series
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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 prior judgments or awards. As a result, the
doctrine of res judicata , which requires that a final decision by
a court or arbitral tribunal be conclusive and that it should not
be re-litigated, is of increasing significance. Dr Silja
Schaffstein provides the first practical and comprehensive
guidelines for matters 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, while part two determines whether and how the res
judicata doctrine may be applied by international commercial
arbitral tribunals. Dr Schaffstein identifies situations in which
res judicata 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 law system 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 arbitral tribunals 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.
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