The 44th ICC Institute of World Business Law Annual Conference convened in Paris yesterday with 177 legal professionals and business leaders presenting on the topic “Res Judicata, Claim Preclusion, Issue Preclusion, Claim Splitting“.
Winnie Tam SC from Des Voeux Chambers joined the first panel discussion to analyse the complex and often debated concept of res judicata with other panel speakers, including Dominique Hascher, Dyalá Jiménez, Michael Ostrove, Silja Schaffstein. Professor Dr. Maxi Scherer moderated the session.
- The panel discussed the following items:
- The nature and purpose of res judicata
- Its applicability across jurisdictions and the impact on court decisions and arbitral awards
- Whether it’s an issue of substance or procedure
- The positive and negative aspects of the doctrine
- Can res judicata from a court ruling prevent a subsequent arbitration? And vice versa?
- The implications of a decision or award failing to meet res judicata conditions in later proceedings
