Principle of res judicata and prejudicialness in the consideration of cases in international commercial arbitration

Abstract

Introduction. The principle of res judicata means the finality of a court decision that has entered into force, which makes it impossible to further unreasonably revise, change or cancel of such judgment. This principle is recognized to be a principle of civil procedure, whereas the preclusive effect of court judgments, however, the effect of this principle is broader and is not limited to civil proceedings, covering also quasi-judicial methods of alternative dispute resolution, in particular arbitration.

The problem. Currently, the issue of whether arbitral awards may have a preclusive effect in subsequent proceedings in the same or other arbitration or in subsequent court proceedings involving the same persons remains controversial in the literature.

The aim of the article is to reveal the peculiarities of the preclusive effect of arbitral awards as a component of the res judicata principle subsequent proceedings between the same parties in international commercial arbitration or court.

Methods. The research methods are: dialectical, analysis and synthesis, systematic and comparative legal, comparison and analogy.

Results. Preclusive effect of awards as one of the aspects of the principle of res judicata in arbitration should be recognized as the need to take into account the preclusive effect of the facts established in the award during subsequent subsequent proceedings between the same parties in international commercial arbitration or court.

Conclusions. Giving preclusive effect to the facts established in the arbitral award in subsequent court proceedings between the same parties through legislative changes to the procedural legislation. The need to take into account the adjudicative facts established in the arbitral award in subsequent proceedings in the same or another arbitration is considered expedient to be resolved by amending the rules of interna­tional commercial arbitration or by settling this issue by the parties themselves in the arbitration clause.