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Third-Party Effects of Arbitral Awards: Res Judicata Against Privies, Non-mutual Preclusion and Factual Effects

Third-Party Effects of Arbitral Awards: Res Judicata Against Privies, Non-mutual Preclusion and Factual Effects
 

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 a... read full description below.

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ISBN 9789403512730
Published 11 July 2019 by Kluwer Law International
Format Hardback
Author(s) By Pika, Maximilian
Availability Internationally sourced; ships 6-12 working days

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Full details for this title

ISBN-13 9789403512730
ISBN-10 9403512733
Stock Available
Status Internationally sourced; ships 6-12 working days
Publisher Kluwer Law International
Imprint Kluwer Law International
Publication Date 11 July 2019
Publication Country Netherlands Netherlands
Format Hardback
Author(s) By Pika, Maximilian
Category International Law Of Transport & Communications
Legal Procedure: Arbitration
Number of Pages 392
Dimensions Not specified
Weight Not specified - defaults to 1,000g
Interest Age General Audience
Reading Age General Audience
NBS Text National Law: Professional
ONIX Text Professional and scholarly
Dewey Code Not specified
Catalogue Code Not specified

Description of this Book

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. 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. 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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