CEU Electronic Theses and Dissertations, 2019
| Author | Derbushev, German |
|---|---|
| Title | Res Judicata and Arbitral Awards |
| Summary | The doctrine of res judicata ensures finality in dispute resolution by precluding already resolved issue from being re-litigated between the same sides. The parties opting for international commercial arbitration aim to resolve their dispute in an effective manner. Accordingly, it is important from practical perspective whether arbitral awards possess any preclusive effect at all, what specific rules define this preclusive effect and how can the parties arrange for the application of the most effective rules of preclusion to their arbitration. This Thesis analyses and compares existing theoretical approaches to the sources of res judicata effect of arbitral awards with the approach taken by arbitral practice. It appears that while researchers strongly support international and sui generis transnational rules of preclusion, arbitral tribunals do not have a universally accepted approach and more often rely on the rules of preclusion of national legislation, more specifically, of the law of the arbitral seat. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/derbushev_german.pdf |
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