Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals


ISBN13: 9780198715610
Published: March 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



In stock.

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 is conclusive and 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 whilst 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.

Subjects:
Arbitration and Dispute Resolution, Courts and Procedure
Contents:
PART I - THE DOCTRINE OF RES JUDICATA IN LITIGATION
1. The Doctrine of Res judicata in Domestic Laws
2. The Doctrine of Res judicata in International Law

PART II - THE DOCTRINE OF RES JUDICATA IN INTERNATIONAL COMMERCIAL ARBITRATION
3. Res judicata Issues Arise in International Commercial Arbitration
4. Res judicata in International Commercial Arbitration - A Problem
5. Search for an Appropriate Approach
6. Transnational Res judicata Principles for International Commercial Arbitral Tribunals
7. Conclusion

Series: Oxford International Arbitration Series

Procedural Issues in International Investment Arbitration ISBN 9780198729037
To be published July 2017
Oxford University Press
£125.00
Provisional Measures in Investment Arbitration ISBN 9780199685790
To be published July 2017
Oxford University Press
£125.00
Calculation of Compensation and Damages in International Investment Law 2nd ed ISBN 9780198749936
To be published March 2017
Oxford University Press
£165.00
Arbitration of International Mining Disputes: Law and Practice ISBN 9780198757641
To be published February 2017
Oxford University Press
£145.00
Arbitration of Trust Disputes: Issues in National and International Law ISBN 9780198759829
Published October 2016
Oxford University Press
£145.00
Corruption in International Investment Arbitration (eBook) ISBN 9780191023705
Published September 2014
Oxford University Press
£104.17 + £20.83 VAT
(ePub)
Buy
Corruption in International Investment Arbitration ISBN 9780198714262
Published September 2014
Oxford University Press
£125.00
The Coordination of Multiple Proceedings in Investment Treaty Arbitration ISBN 9780199684861
Published June 2013
Oxford University Press
£137.50
Annulment under the ICSID Convention (eBook) ISBN 9780191634796
Published December 2012
Oxford University Press
£125.00 + £25.00 VAT
(ePub)
Buy
Annulment under the ICSID Convention ISBN 9780199653744
Published December 2012
Oxford University Press
£150.00
Treaty Interpretation in Investment Arbitration (eBook) ISBN 9780191638176
Published March 2012
Oxford University Press
£114.58 + £22.92 VAT
(ePub)
Buy
Consent in International Arbitration ISBN 9780199698158
Published March 2012
Oxford University Press
£150.00
Treaty Interpretation in Investment Arbitration ISBN 9780199641475
Published March 2012
Oxford University Press
£145.00
Consent in International Arbitration (eBook) ISBN 9780191638190
Published March 2012
Oxford University Press
£118.75 + £23.75 VAT
(ePub)
Buy
Third Parties in International Commercial Arbitration ISBN 9780199572083
Published December 2010
Oxford University Press
£147.50
Calculation of Compensation and Damages in International Investment Law ISBN 9780199551712
Published August 2009
Oxford University Press
Out of print
Chinese Investment Treaties: Policies and Practice ISBN 9780199230259
Published March 2009
Oxford University Press
£190.00
£63.00