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 bere-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 thedoctrine 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 andapplication 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 internationalarbitrators.
OUP Oxford; March 2016
- ISBN 9780191024917
- Read online, or download in secure PDF or secure EPUB format
- Title: The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals
- Author: Silja Schaffstein
Imprint: OUP Oxford
In The Press
The doctrine of res judicata is increasingly invoked in international arbitral proceedings. It is not enough that a prior award or judgment is worthy of recognition in order to be given res judicata effect; all systems of law impose additional requirements including, but not limited to, certain "identities," and these requirements are by no means identical across legal systems. Their content depends on a choice of law analysis, with selection of the applicable lawpotentially outcome-determinative. Silja Schaffstein's new book, The Doctrine of Res Judicata before International Commercial Arbitral Tribunals does long overdue justice to a topic that has received all too little sustained attention in the literature and jurisprudence alike. It will rightly guide allfuture treatments of the subject.
About The Author
Dr Silja Schaffstein, Lévy Kaufmann-Kohler, Attorneys-At-Law in Geneva.