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
collateral estoppel
Un-Vacated: Appellate Courts Save Arbitration Awards
By Liz Kramer on
Posted in Appealing Arbitration Decisions
Two posts ago, I reviewed four recent cases in which appellate courts enforced arbitration awards that district courts had refused to enforce. Today I review two more appellate courts coming to the rescue of arbitration, this time by confirming arbitration awards that had been vacated by lower courts.
In SPX Corp. v. Garda USA…