Res judicata in international arbitration
This report by the IBA Arbitration Committee's Task Force provides an in-depth examination of the role and application of the res judicata principle in international arbitration.
It highlights significant inconsistencies in current practices, including conflicts in choice-of-law approaches, divergent interpretations of the principle's scope, and the unsuitability of domestic legal standards for addressing the complexities of arbitration.
To resolve these challenges, the report advocates for the development of an autonomous standard specifically designed to meet the unique needs of international arbitration, fostering greater consistency, predictability, and efficiency in resolving disputes.