Getting a Full Bite of the Apple: When Should the Doctrine of Issue Preclusion Make an Administrative or Arbitral Determination Binding in a Court of Law?
38 Pages Posted: 17 Nov 2008
Date Written: 1986
In recent years, alternative means of dispute resolution have become important resource. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the preclusive effect of these determinations in judicial forums should be limited by shifting the burden of satisfying the full and fair opportunity requirement to the party seeking to invoke the doctrine.
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