Credibility of arbitral awards with issue preclusion

0
1967
arbitral-awards-with-issue-preclusion
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

“Issue preclusion” refers to a doctrine of civil procedure that precludes repeated litigation of the same issues. It prohibits parties from, more precisely, re-litigating matters that have already been determined by a previously rendered adjudication, and can be seen through by the court’s finding and reasoning.

In Japanese law educator Shindo Koji’s words, the doctrinal statement implies the following requirements for application of issue preclusion: “Where a particular issue has been argued by the parties, heard and determined by the court in the former litigation, the court’s reasoning of the issue would have binding effects on the subsequent litigation if that issue is meanwhile considered to be a preliminary problem.”

In most of the civil law jurisdictions, this binding effect is considered different from res judicata, while both may work to achieve similar goals. Res judicata is widely accepted to be applicable to a valid arbitral award. Whether the issue preclusion doctrine can apply to an arbitral award, however, is not so clear.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Liu Nianqiong is a case manager at Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link