Nature and interpretation of the rule prohibiting parties from raising subject matters that could and should have been brought in earlier proceedings and its application in international commercial arbitration
In common law jurisdictions, there is a preclusion rule, alien to most civil law countries, that prevents a party from raising subject matters that could and should have been brought in earlier proceedings. In certain common law jurisdictions, the rule is seen as part of the res judicata doctrine. O...
Arbitration; International commercial arbitration; Res judicata; Abuse of process; Henderson v. Henderson rule; Preclusion
|Acceso en línea:||http://babel.banrepcultural.org/cdm/ref/collection/p17054coll23/id/1021|