Res Judicata

Collateral estoppel, Commercial Arbitration, Latin America, Multi-fora disputes, Res Judicata, Uncategorized

(Quinn Emanuel Urquhart & Sullivan)/ /1 Comment
Asociación Latinoamericana de Arbitraje (ALARB)

A slate of recent cases reminded us how important are the doctrines of res judicata and/or collateral estoppel. Put simply, res judicata is known as claim preclusion because a judicial judgment or arbitral award deciding a particular “claim” will be binding on the parties who participated in that proceeding, whereas collateral estoppel is known as…

Arbitration Tech Toolbox, Blockchain, Ex Aequo Et Bono, Party autonomy, Res Judicata

(O.P. Jindal Global University)/ /1 Comment

On 28 May 2021, for the first time in blockchain arbitration history, Mexican courts enforced an arbitral award relying on a blockchain arbitration protocol (“Blockchain Arbitral Award”), as explored in the report found here (“Carrera Report”) (see the Appendix for the Blockchain Arbitral Award, which is in Spanish).   This decision is of great significance for…

2020 In Review, Arbitration Agreement, Consent, Equal Treatment, Good Faith, Interim Award, Interpretation of Contracts, Partial award, Res Judicata, Right to be heard, Switzerland

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This report highlights the most significant arbitration related decisions of the Swiss Federal Supreme Court (the “SFSC”) issued in 2020.   Tribunal’s Jurisdiction – Scope of Arbitration Agreement In 2020, the SFSC issued several decisions on the jurisdiction of an arbitral tribunal and on the determination of the objective (ratione materiae) and subjective (ratione personae)…

Construction arbitration, Corruption, Latin America, Res Judicata, Standard of Proof, Third Party

, (Philippi Prietocarrizosa Ferrero DU & Uría)/ /Leave a comment

The Ruta del Sol arbitral award was one of the most important awards in 2019 in Colombia and possibly in the entire region. The arbitral tribunal sitting to resolve the Ruta del Sol arbitral proceeding (the “Tribunal”) determined the consequences of securing an infrastructure concession contract in Colombia through corrupt practices and served as pioneers…

Germany, Public Policy, Res Judicata, Switzerland

(Akıncı Law)/ /Leave a comment

The principle of res judicata is a universal principle recognized by the legal systems of all civilized nations. The res judicata principle should be applied by arbitral tribunals as the arbitral tribunals are alternative to the courts and when an award is enforced it becomes a part of the legal order of the country where…

Arbitration, Arbitration Proceedings, Costs, Costs in arbitral proceedings, Enforcement, Jura Novit Arbiter, Res Judicata, Success Fee

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This is the 2nd part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) published in 2018.   Jura Novit Arbiter In the decision 4A_525/2017 of 9 August 2018, published on 26 September 2018, the Supreme Court dealt with the principle of jura novit arbiter, controversial…

Arbitral Award, Arbitration, ICSID Arbitration, Investment Arbitration, Res Judicata

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

Co-authored with Ivaylo Dimitrov, George Washington University Law School Foreword A recent award rendered in the case of Standard Chartered Bank (Hong Kong) Limited v. Tanzania Electric Supply Company Limited (TANESCO) (ARB/10/20, Award, 12 September 2016) (hereinafter: “SCB HK v. TANESCO”) seems to put an end to a dispute which had sparked lately relating to an arbitral…

Annulment, Arbitration, Disclosure, ICC Arbitration, ICC Rules, Independence and Impartiality, Res Judicata

(Reed Smith)/ /Leave a comment
Linklaters

On 12 April 2016, the Paris Court of Appeal rejected the request for annulment brought by the Greek Company S.A.J. & P. Avax (“Avax”) against an ICC partial award on the ground that the chairman of the tribunal lacked independence. This is the fifth decision rendered in this case by French courts and in all…

Brazil, Consent, Enforcement, Non-signatory, Res Judicata

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Clyde & Co.

Arbitration in Brazil has come a long way since the passing of the Brazilian Arbitration Act in 1996 (the “BAA”). The BAA has its origins in the UNCITRAL Model Law and even though it preceded Brazil’s ratification of the New York Convention by six years, the BAA is consistent with the New York Convention, at…

BIT, Investment Arbitration, Investment protection, Res Judicata, Settlement

(Herbert Smith Freehills)/ /Leave a comment

What are the effects of a settlement agreement between the locally incorporated company and the host state on the foreign shareholder’s pending BIT claim? Two views have emerged under investment treaty arbitration case law. The first view, adopted in Sempra v. Argentina (ICSID Case No. ARB/02/16) and Hochtief v. Argentina (ICSID Case No. ARB/07/31) decisions, holds…

International Law, Investment Arbitration, NAFTA, Res Judicata

(US Department of State)/ /Leave a comment

The recently published Award in Apotex Holdings Inc. and Apotex Inc. v. United States of America (Apotex III Award) is the first NAFTA award to apply the doctrine of res judicata. The Apotex III Tribunal confirmed that the operative part, together with the underlying reasoning, of an earlier award determined that Apotex’s abbreviated new drug…

English Law, Estoppel, Res Judicata, Third Party

(Lalive)/ /1 Comment
YIAG

In the recent case of OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014) (“Petrom v Glencore”), the English Commercial Court was faced with the question of whether issues arising and decided in an arbitration should be treated as settled in subsequent court proceedings brought by a non-party to the…

Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Due process, Res Judicata, Sport arbitration

(Perréard de Boccard)/ /1 Comment

On 28 February 2014, the Regional Court of Munich rendered a decision in the matter opposing German speed skater Claudia Pechstein to the ISU (Judgment of the Regional Court of Munich I, Case Number 37 O 28331/12; the judgment is not final). This decision is sending waves through the sports arbitration community. In a matter…

Arbitration, Customary international law, India, International Law, Pakistan, Permanent Court of Arbitration, Res Judicata

(University of Alberta Faculty of Law)/ /Leave a comment

On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked with resolving the latest water dispute between Pakistan and India. The Court was constituted in 2010 following a Request for Arbitration submitted by Pakistan under…

Public Policy, Res Judicata

(von Segesser Law Offices)/ /2 Comments

In a landmark decision of 13 April 2010 (4A_490/2009, published on 2 July 2010), the Swiss Federal Supreme Court confirmed that the principle of res judicata is part of procedural public policy, and it set aside a CAS award for violation of that principle. At first sight, the decision of the Federal Supreme Court seems…

Investment Arbitration, Lis Pendens, North America, Res Judicata, South America

(Notre Dame Law School)/ /2 Comments

My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97 million Nicaraguan judgment. Here’s the key excerpt of the decision: “the evidence before the Court is that the judgment in this case did not arise…

Arbitration Proceedings, Commercial Arbitration, Europe, National Arbitration Laws, Res Judicata

(Notre Dame Law School)/ /Leave a comment

I have been reading with interest the ILA’s Final Report and Recommendation on Res Judicata and Arbitration adopted at the 2006 Toronto conference. Recommendation 2 provides that: The conclusive and preclusive effects of arbitral awards in further arbitral proceedings set forth below need not necessarily be governed by national law and may be governed by…

Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Europe, Joinder, Jurisdiction, Public Policy, Res Judicata

(Castaldi Mourre & Partners)/ /1 Comment

The Paris Court of appeal, on 25 September 2008, and the Swiss Federal Tribunal, on 5 December 2008 have rendered two interesting decisions. These two decisions address issues of primary importance, such as the “extension” of the arbitration agreement, joinders, and the scope of review by courts of award having declined the tribunal’s jurisdiction. These…