Abstract

The principle of res judicata is derived from Latin for "a matter judged," and plays a crucial role in promoting finality and judicial economy in legal proceedings. This abstract explores the application of res judicata in the context of international arbitration, a rapidly evolving alternative dispute resolution mechanism. Civil law follows the principle of Res Judicata, which bars the parties from litigating a suit once a competent court has given a final judgment. The maxim has changed significantly and has various rules and applications in different jurisdictions. There are both commonalities and disparities between the legal orders of different countries. International commercial arbitration, which is a separate legal order autonomous from national legal orders, has not settled on its own normative and coherent doctrine of res judicata that is consistent with arbitration foundations or suitable to its needs. Arbitral tribunals often rely on national law concepts to determine res judicata issues. While there is a growing consensus on the necessity of transnational principles of res judicata, distinct from national concepts of the doctrine, there is no unified view on its normative basis, form, or content. This paper addresses the scope, content, and application of res judicata in international arbitration, highlighting the need for transnational principles.

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