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<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings

It is not uncommon in the realm of reinsurance disputes ' where the reinsurance contracts at issue very often require an arbitral forum ' for a party that has been victorious on an issue or claim in an initial arbitration (or lawsuit) to attempt to preclude its opponent or a related party from re-adjudicating that same claim or issue in a subsequent arbitration.

31 minute read November 30, 2014 at 11:00 PM
By
Benjamin L. Hincks and Kelly R. Graf
<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings

The doctrines of res judicata (aka “claim preclusion”) and collateral estoppel (aka “issue preclusion”) are closely related: They both aim to foreclose a party from re-litigating a right, question or fact previously adjudicated by a court or tribunal of competent jurisdiction between the same or related parties.

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