Topic: Res judicata and issue estoppel

A task force set up by the International Bar Association’s arbitration committee has recommended the drafting of guidelines for an autonomous standard of res judicata to promote consistency in international commercial arbitration.

25 February 2025

Retired Indian Supreme Court judge Rohinton Nariman used a speech at GAR Live Delhi to critique two recent rulings from the Singapore courts – reflecting on their approach to the questions of issue estoppel and arbitrability respectively.

03 May 2024

Leading Italian arbitrator Luca Radicati di Brozolo used a lecture in Washington, DC, to argue for a transnational approach to the issue of “arbitral res judicata” that dispenses with national law. Juliana Carvajal Yepes, research fellow at American University Washington College of Law, reports.

21 November 2023

An ICDR tribunal has thrown out a US$310 million claim by Occidental Petroleum against its Chinese former partner in an Ecuadorean oil block, finding it was barred by res judicata because of an earlier award.  

09 August 2023

The French Court of Cassation has upheld a decision to annul an ICC investment treaty award against Libya based on corruption allegations that were never raised in the arbitration.

09 September 2022

The English Commercial Court has dismissed India’s challenge to a previously undisclosed US$111 million UNCITRAL award issued in its 11-year and still-pending dispute with Reliance Industries and BG Group over oil and gas fields. 

09 June 2022

A Singapore court has upheld a SIAC award favouring Laos in a long-running casino dispute, ruling the tribunal was within its rights to bar two gaming companies from raising claims argued in a prior arbitration.

06 June 2022

An English court has ruled that an arbitrator has no jurisdiction to hear an Indian commodities group’s US$300 million claim against a Ghanaian state-owned bank – but could the dispute turn into an investment treaty claim?

18 May 2022

The family of a Russian property tycoon being sued for US$800 million over an alleged banking fraud are not bound by findings of dishonesty in an LCIA award against companies said to be under their control, a UK judge has ruled.

12 April 2022

An ICSID tribunal has refused to reconsider its jurisdiction to hear an Energy Charter Treaty case brought by four German banks against Spain – one of the first arbitral decisions to address the effect of the European Court of Justice’s recent ruling in Komstroy.

06 December 2021