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The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals

The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals (Hardback)

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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 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.

LawInternational lawInternational law of transport, communications & commerceInternational communications & telecommunications lawLawInternational lawInternational law of transport, communications & commerceInternational maritime lawLawInternational lawInternational law of transport, communications & commerceInternational space & aerospace lawLawInternational lawInternational law of transport, communications & commerceTransnational commercial lawLawInternational lawInternational law reportsLawInternational lawPrivate international law & conflict of lawsLawInternational lawPublic international lawDiplomatic lawLawInternational lawPublic international lawInternational criminal lawLawInternational lawPublic international lawInternational economic & trade lawLawInternational lawPublic international lawInternational environmental lawLawInternational lawPublic international lawInternational human rights lawLawInternational lawPublic international lawInternational humanitarian lawLawInternational lawPublic international lawInternational law of territory & statehoodLawInternational lawPublic international lawInternational organisations & institutionsLawInternational lawPublic international lawJurisdiction & immunitiesLawInternational lawPublic international lawLaw of the seaLawInternational lawPublic international lawTreaties & other sources of international lawLawInternational lawSettlement of international disputesInternational arbitrationLawInternational lawSettlement of international disputesInternational courts & proceduresLawLaws of Specific jurisdictionsCompany, commercial & competition lawCommercial lawLawLaws of Specific jurisdictionsLegal system: generalCivil procedure, litigation & dispute resolution Publisher: Oxford University Press Publication Date: 01/03/2016 ISBN-13: 9780198715610  Details: Type: Hardback Format: Books
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Dr Silja Schaffstein, Levy Kaufmann-Kohler, Attorneys-At-Law in Geneva.

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