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Only One Kick at the Cat: A Contextual Rubric for Evaluating Res Judicata and Collateral Estoppel in International Commercial Arbitration

48 Pages Posted: 4 Dec 2013 Last revised: 14 Nov 2014

Randy Gordon

Texas A&M University School of Law

Date Written: 2006

Abstract

Arbitration is the preferred method of resolving disputes arising out of international commercial transactions. It stands outside national legal systems because contracting parties agree in advance that they want neutral arbitrators — not local judges and juries — deciding who is at fault when a commercial relationship breaks down. But arbitration nevertheless butts up against litigation from time to time, often because one party attempts to arbitrate a matter that has been litigated to conclusion or vice versa. This article examines — through a contextual approach — questions of preclusion that thereby arise and ultimately suggests that res judicata and collateral estoppel rules developed in one context should not automatically apply in another.

Keywords: international arbitration, preclusion, award, arbitrability, res judicata, collateral estoppel

Suggested Citation

Gordon, Randy, Only One Kick at the Cat: A Contextual Rubric for Evaluating Res Judicata and Collateral Estoppel in International Commercial Arbitration (2006). 18 Fla. J. Int'l. L. 549 (2006). Available at SSRN: https://ssrn.com/abstract=2362400

Randy Gordon (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce Street
Fort Worth, TX 76102
United States
817-212-3941 (Phone)

HOME PAGE: http://https://law.tamu.edu/randygordon

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