A resource for litigators, in-house counsel, and arbitrators
This week, we’ll get to the nitty gritty of a topic that can be extremely relevant to litigators: the law applicable to determine the preclusive effect of an arbitral award.
If something’s been arbitrated, it generally cannot be relitigated. In other words, arbitral awards usually have preclusive effect. There’s not much controversy about this much.…
We all know that the doctrines of issue preclusion (collateral estoppel) and claim preclusion (res judicata) apply with equal force to both arbitration awards and court orders. But, if your adversary brings new claims that you believe have already been determined in arbitration, where do you go to shut down those new claims — court…