Res Judicata Principle in International Commercial Arbitration and its Effects

Student: Semenova Ksenia

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

The popularity of international commercial arbitration, as an alternative method of dispute resolution, has been grown dramatically. However increasing number of arbitral awards originate different problems especially connected with the implementation of res judicata principle. One of the most spread problems in this field relates to re-litigation of the same dispute between the same parties in another arbitration proceeding or the state court. Res judicata in this context plays a significant role in finality and binding effect of an award for disputing parties. This paper introduces approaches to the meaning of res judicata in two main legal systems, analyses some features of an arbitral award, which differ it from acts, decisions adjudged by state courts and covered triple identity test as a condition for applying res judicata, preclusive and conclusive effects.

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