Author: Stavros Brekoulakis*
Published: December 2006
| Topics: Arbitral Awards Effects Parties Third Parties in Arbitral Proceedings |
Description:
I. INTRODUCTION
Interest in the topic of an arbitral award’s effect and res judicata has increased in recent years. This has to some extent been stimulated by the rendering of conflicting awards in some cases. The matter is directly related to the application, or rather the non-application, of the doctrine of res judicata or any other kind of third-party effect of an arbitral award in the context of international arbitration. The danger of conflicting awards is particularly noticeable in the case of jurisdictionally fragmented multiparty relationships: in other words, the case where some of the several parties to a multiparty relationship have opted for arbitration while others remain subject to the jurisdiction of national courts or another arbitral tribunal.
*LL.B (Hons) Athens, LL.M. (London); Research Fellow School of International Arbitration, Queen Mary, University of London; Attorney at law. I would like to thank Professor Loukas Mistelis, School of International Arbitration, Queen Mary, University of London for his valuable guidance and comments on this article. My thanks also extend to Ms. Clare Canton for her help in proofreading and editing.