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What is Issue Preclusion

Policies, Practices, and Protocols for International Commercial Arbitration
The principle of collateral estoppel, also known as “issue preclusion,” is a legal doctrine that prevents parties from relitigating issues that have already been decided in a prior legal proceeding. This means that once an issue has been fully and fairly litigated and decided, the parties are bound by that decision in subsequent actions on different causes of action between them (or their privies) as to the same issues actually litigated and essential to the judgment in the first action.
Published in Chapter:
Arbitral Decisions from Around the World: A Brief Analysis
DOI: 10.4018/978-1-6684-4040-7.ch007
Abstract
According to the rules of the arbitration court, any agreement, submission, or reference made or evidenced in writing with a duly signed or unsigned document shall be deemed to have been agreed in by the parties. The parties agree that the arbitration court's rules must also be taken into account. More in-depth discussions are required to shed light on such topics as the legal framework for international arbitral awards, the form and contents of international arbitral awards, the correction, interpretation, and supplementation of international arbitral awards, the annulment of international arbitral awards, the recognition and enforcement of international arbitral awards, and the application of preclusion, Lis Pendis, and Stare Decisis in international arbitration awards. The purpose of this chapter is to present these within the legal framework of specific arbitral courts, most notably the London Court of International Arbitration.
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