Third-Party Effects of Arbitral Awards: Res Judicata Against Privies, Non-mutual Preclusion and Factual Effects
About this book:
Third-Party Effects of Arbitral Awards examines the binding effects of international commercial arbitral awards in follow-up disputes against third parties to the prior arbitration. The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals.
What’s in this book:
Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following:
- the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination;
- the distinction between res judicata before courts on the one hand and arbitral tribunals on the other;
- the application of non-mutual preclusion in favour of third parties;
- the potential for arbitral awards to constitute a fact in follow-up disputes;
- a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts;
- preclusion agreements;
- the arbitration agreement’s scope; and
- judgments’ third-party effects as a shift of the participatory burden.
For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked.
How this will help you:
With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
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List of Abbreviations
PART I The Dichotomy of Forum Coordination for Multilateral Transactions
CHAPTER 1 The Contractual Perception of Arbitral Jurisdiction as Trigger of Multi-Fora Disputes
CHAPTER 2 A Proceduralist Connotation of Arbitral Res Judicata under National Laws
CHAPTER 3 Judgments’ Third-Party Effects as a Shift of the Participatory Burden
PART II A Reconciliatory Regime on Arbitral Awards’ Third-Party Effects
CHAPTER 4 Third-Party Effects of Arbitral Awards under National Arbitration Laws
CHAPTER 5 Third-Party Effects of Arbitral Awards under the New York Convention
CHAPTER 6 Third-Party Effects of Arbitral Awards in Private International Law
CHAPTER 7 The Unshaped Factual Effect of Arbitral Awards
CHAPTER 8 Transnational Res Judicata and Third-Party Effects Before Arbitral Tribunals
CHAPTER 9 The Application of Res Judicata Principles to Jurisdictional Decisions
CHAPTER 10 Conclusions
Table of Cases
Table of Transnational Legislation