Search

In the context of international commercial arbitration, the doctrine of res judicata exists in a state of ambiguity. This article aims to transcend the principle's uncertain position by suggesting choice-of-law rules governing preclusive effects. First, an attempt at defining res judicata will demonstrate that while the doctrine is generally acknowledged to apply to arbitral awards, the definition of res judicata varies greatly across jurisdictions. This emphasizes the need for binding rules on the applicable law to prevent the disappointed party from pursuing re-consideration of their dispute. Second, it will be established that there is little common ground regarding the qualification of res judicata. The related controversies call attention to stumbling blocks on the road to enforcement and recognition. Third, contestants for the applicable law are discussed by taking a problem-oriented perspective. The law governing the process of res judicata (lex arbitri of the recognizing forum) and the law governing the interpretation of res judicata (lex arbitri of the issuing forum) will be presented, comprising ad hoc suggestions and approaches that require further explorations on an international level. [ABSTRACT FROM AUTHOR]