Doctoral thesis

The doctrine of Res Judicata before international arbitral tribunals

Defense date2012-05-15

There are currently no rules in international commercial arbitration law and practice assuring the coordination between (partial or final) arbitral awards and/or national court judgments rendered in identical or related cases. This lack of coordination is unsatisfactory, particularly in light of the ever-growing tendency of parties to submit their commercial disputes to international arbitration and the increasing complexity of international arbitration. Today, international commercial transactions and the disputes to which they give rise regularly involve multiple parties, contracts and issues. As a consequence, these disputes (or certain aspects of these disputes) are increasingly tried in multiple fora. In such circumstances, difficult issues regarding the res judicata effects of prior judgments or awards are likely to arise before international commercial arbitral tribunals.

Citation (ISO format)
SCHAFFSTEIN, Silja Anne. The doctrine of Res Judicata before international arbitral tribunals. 2012. doi: 10.13097/archive-ouverte/unige:23745
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Creation11/05/2012 3:31:00 PM
First validation11/05/2012 3:31:00 PM
Update time03/14/2023 5:44:08 PM
Status update03/14/2023 5:44:07 PM
Last indexation01/29/2024 7:35:46 PM
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