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Journal articles on the topic 'Res judicata'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2025

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1

Kennett, Wendy, Flora Triantafyllou-Albanidou, Peter Fitger, Remo Caponi, and Ernst Gras. "Res judicata." European Review of Private Law 6, Issue 1 (1998): 105–42. http://dx.doi.org/10.54648/199052.

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Both judgements of the German Federal Supreme Court concern the effects of final judgements on later proceedings. A decisive factor is whether the issues arising in the later proceedings are to characterised as new facts which are therefore not affected by the earlier judgement. The judgement of the Supreme Court of 14.7.1995 had the following facts: The owners of a piece of land sued in the first proceedings for a declaration that the owners for the time being of that piece of land had an easement in the form, inter alia, of a right to come and go on part of a road over neighbouring property,

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2

Alexeeva, T. M. "Res judicata properties in the context of decisions of the European Court of Human Rights: correlation and scope." Juridical Journal of Samara University 7, no. 1 (2021): 29–39. http://dx.doi.org/10.18287/2542-047x-2021-7-1-29-39.

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In this article, the author considers the concept of res judicata. It is concluded that res judicata has two main properties: presumption of the truth of the judgment, and prejudice. The author examines the presumption of the truth of the judgment, and prejudice arising from the concept of res judicata in relation to the decisions of the European Court of Human Rights. The author comes to the conclusion that the decisions of the European Court of Human Rights as res judicata have the property of a presumption in full measure. At the same time, due to the expanding competence of the Constitutio

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3

Pinos, Timothy. "Res Judicata Redux." Osgoode Hall Law Journal 26, no. 4 (1988): 713–56. http://dx.doi.org/10.60082/2817-5069.1804.

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4

Yaffe, Nathan. "Transnational Arbitral Res Judicata." Journal of International Arbitration 34, Issue 5 (2017): 795–833. http://dx.doi.org/10.54648/joia2017038.

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Commercial arbitral awards are universally recognized to give rise to res judicata, but confusion reigns over what law applies to the res judicata effect of a prior arbitral award asserted before a subsequent tribunal. National res judicata laws diverge on key questions such as the availability of issue estoppel and the construction of the ‘triple identity’ test. Yet the normal tools used to manage divergence in potentially applicable laws – choice of law and codification – have failed to work when it comes to the res judicata effect of awards. I argue the answer is to adopt a transnational ap

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5

Groussot, Xavier, and Timo Minssen. "Res Judicata in the Court of Justice Case-Law." European Constitutional Law Review 3, no. 3 (2007): 385–417. http://dx.doi.org/10.1017/s1574019607003859.

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Forms of res judicata – Unwritten principle of EU law – National procedural autonomy v. EC supremacy – Revision of decisions v. state liability – Finality of administrative decisions v. judicial decisions – Higher respect for judicial decisions than for administrative decisions – Res judicata not absolute – ECJ itself under demands of legal certainty – Analogy between res judicata rules and rules of direct and indirect effect.

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6

Voser, Nathalie. "Recent Developments on the Doctrine of Res Judicata in International Arbitration from a Swiss Perspective: A Call for a Harmonized Solution." ASA Bulletin 33, Issue 4 (2015): 742–79. http://dx.doi.org/10.54648/asab2015059.

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The Swiss Federal Tribunal has recently rendered three decisions addressing the issue of res judicata in the context of international arbitration, opening the door to possible developments of the doctrine of res judicata as applied in international arbitrations seated in Switzerland. This article elaborates on the Swiss Federal Tribunal's latest decisions on the topic and endeavors to challenge some of the core principles of the doctrine of res judicata as developed in the Swiss practice. The authors propose that arbitral tribunals apply the provisions of the lex arbitri (instead of Article II

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7

Zarzalejos Herrero, Jaime. "Análisis comparado de la cosa juzgada en Derecho inglés = Comparative analysis of the res judicata doctrine under English Law." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 489. http://dx.doi.org/10.20318/cdt.2018.4131.

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Resumen: El estudio tiene por objeto el análisis comparado entre la regulación de la doctrina de la res judicata o cosa juzgada en Derecho inglés y en el ordenamiento jurídico español. En primer lugar, el artículo analiza la cosa juzgada –y otras figuras preclusivas que producen efectos similares– desde la perspectiva Derecho inglés. En segundo lugar, se abordará su regulación en Derecho español. Finalmente, el trabajo expone una serie de conclusiones en donde se pone de manifiesto las diferencias y similitudes sobre su regulación en ambos ordenamientos.Palabras clave: res judicata, estoppel,

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8

Theofanis, Rosa. "The doctrine of Res Judicata in International Criminal Law." International Criminal Law Review 3, no. 3 (2003): 195–216. http://dx.doi.org/10.1163/157181203322599101.

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AbstractRes judicata is well-settled as a general principle of international law. But the rules of res judicata in international criminal procedure are undeveloped. Recent cases from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda have added to the understanding of res judicata in international law - demonstrating the risk that new rules of res judicata will implicitly incorporate either a common-law or civil-law definition of what the "law" is. Analysis of issues considered in recent Tribunal jurisprudence - particularly the questions of review and reconsideration - locates

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9

Heller, Thomas Allan. "The Current Status of the Preclusive Effects of Judgments in the Federal Court System of the United States of America." Lexonomica 12, no. 2 (2020): 163–210. http://dx.doi.org/10.18690/lexonomica.12.2.163-210.2020.

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Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with the finality of judgments in multiple parties and multiple claim cases; the final judgment rule; the form of judgments; the metho

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10

Phee, Jung-Hyun, and Jun-Ho Bae. "res judicata of Countervailing Defense." Wonkwang University Legal Research Institute 39, no. 1 (2023): 159–81. http://dx.doi.org/10.22397/wlri.2023.39.1.159.

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Article 216 of the Civil Procedure Act stipulates that in paragragh 1, a final judgement has res judicata only if it is included in the order. Even if the judgement is confirmed, if the judgement in the grounds of judgement is not binding, the dispute may be reproduced and the judgements in the grounds of judgement may be contradictory, so it is a question of whether to recognize the res judicata in the grounds of judgement. On the other hand, as an exception, the determinatioin of whether or not a claim claiming offset in paragragh 2 is established is determined to have res judicata only for

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11

Tsuvina, Tetiana. "Realization of res judicata principle in civil proceedings: the experience of foreign countries." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 220–25. http://dx.doi.org/10.36695/2219-5521.1.2020.44.

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 The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary.  The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata princip

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12

Koen, L. "Is a jurisdictional decision in international investment law res judicata?" Tydskrif vir die Suid-Afrikaanse Reg 2024, no. 4 (2024): 617–28. http://dx.doi.org/10.47348/tsar/2024/i4a1.

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Die internasionale beleggingsregstelsel word toenemend gekritiseer as gevolg van ’n persepsie dat daar wanbalanse in die stelsel is wat in beleggers se guns werk, wat aanleiding gee tot omstrede debatte oor die regte en verpligtinge van partye. Een terugkerende kwessie draai om gevalle van parallelle prosesse, geïllustreer deur sake soos CME Czech Republic BV v The Czech Republic en Lauder v Czech Republic, waar beleggers en meerderheidsaandeelhouers afsonderlik identiese eise voor beleggingstribunale ingestel het. Die beginsel van res judicata, gewortel in die versekering van finaliteit en pr

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13

Manish, Kumar. "RES JUDICATA UNDER SECTION 11 OF THE CODE OF CIVIL PROCEDURE." International Journal of Multidisciplinary Research and Modern Education (IJMRME) 8, no. 2 (2022): 55–57. https://doi.org/10.5281/zenodo.8075950.

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Res judicata is a legal doctrine that prevents the same issue from being litigated multiple times between the same parties. Section 11 of the CCP (CPC) embodies this principle, aiming to promote judicial economy, finality of judgments, and prevent inconsistent decisions. This research paper examines the elements of res judicata under Section 11, the scope and applicability of the doctrine, and its relevance in contemporary legal scenarios. Additionally, the paper explores various judicial interpretations and the challenges faced by courts in applying res judicata. Finally, suggestions for refo

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14

Pilkov, K. M. "Res judicata and related doctrines of finality of judgments: comparative aspect." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 15–21. http://dx.doi.org/10.24144/2788-6018.2021.03.2.

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The article contains the results of the analysis of the development of res judicata doctrine into a multicomponent doctrine with different meaning in different legal systems of the world, as well as points out the difficulties of distinguishing this doctrine among other doctrines that have claim preclusive or issue preclusive effects. The article focuses on the broad and narrow meaning of res judicata, procedural links that this principle may have with the application of the estoppel rule in court proceedings. The article pays special attention to three doctrines related to res judicata: full

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15

Caraman, Ion. "The difference between the power of res judicata and the authority of res judicata." Journal of the National Institute of Justice, no. 3(58) (October 2021): 8–13. http://dx.doi.org/10.52277/1857-2405.2021.3(58).01.

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The court’s decision is a final product of the judicial activity, aimed to ensure the protection of the persons contested rights, freedoms or legitimate interests. However, in order to establish an effective protection, it is important that the court decision is final has the authority of res judicata. In specialized literature, configured two concepts regarding res judicata. In this article, are highlighted the criteria that delimit this two concepts and the practical and theoretical necessity of such delimitation.

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16

Lacerda, Felipe. "A cessação automática da coisa julgada em matéria tributária de trato sucessivo à luz dos temas 881 e 885 do STF." Revista de Direitos Fundamentais e Tributação 8, no. 1 (2025): 1–17. https://doi.org/10.47319/rdft.v8n1.98.

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This article aims to briefly analyze the possibility of automatic cessation of res judicata that was consolidated in topics 881 and 885 of the Federal Supreme Court (STF) and question the advancement or setback that this device has brought to the study and application of res judicata in the Brazilian civil procedure.

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17

Semakula, Joel. "Res Judicata in Judicial Review." Judicial Review 25, no. 4 (2020): 307–20. http://dx.doi.org/10.1080/10854681.2020.1871716.

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18

Ilyin, Anton V. "Res Judicata in Criminal Procedure." Zakon 20, no. 8 (2023): 95–110. http://dx.doi.org/10.37239/0869-4400-2023-20-95-110.

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Res Judicata in criminal procedure, which prescribes respect for the legal force of judicial acts adopted in civil proceedings, ensures not only the right to judicial protection and the principle of legal certainty, but also the impossibility of resolving civil disputes about the law within the framework of criminal proceedings. As a result, the scale of the impact of the court decision on the criminal process should be determined precisely from the point of view of the limits of the legal force of the court decision in a civil case, and not from the point of view of what signs of corpus delic

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19

Streit Lucena, Alice, and Alberto Barreto Goerch. "COISA JULGADA INCONSTITUCIONAL NOS JUIZADOS ESPECIAIS: A VEDAÇÃO LEGAL DA AÇÃO RESCISÓRIA E O USO DA AÇÃO DE DESCUMPRIMENTO DE PRECEITO FUNDAMENTAL COMO SUCEDÂNEO PERMITIDO NA ADPF 615 / UNCONSTITUCIONAL RES JUDICATA AT SPECIAL CIVIL COURTS: LAW PROHIBITION OF TERMINATION ACTION AND REQUEST FOR NON-COMPLIANCE OF FUNDAMENTAL PRINCIPLE AS ALLOWED AT ADPF 615." RFD- Revista da Faculdade de Direito da UERJ, no. 42 (January 24, 2023): 1–23. http://dx.doi.org/10.12957/rfd.2023.63347.

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Resumo: O estudo analisa a possibilidade ou não da desconstituição da coisa julgada inconstitucional quando formada nos Juizados Especiais, considerando a decisão cautelar proferida pelo Ministro Luís Roberto Barroso, do Supremo Tribunal Federal, na Arguição de Descumprimento de Preceito Fundamental (ADPF) nº 615. Questiona-se se a existência da coisa julgada, ainda que inconstitucional superveniente, nos Juizados Especiais, cuja previsão legal específica veda o uso da ação rescisória, permite o cabimento da Arguição de Descumprimento de Preceito Fundamental. O tema visa, através do método ded

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20

Pilkov, K. "Res judicata, finality and legal effect of the judgment: interrelation between concepts." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 44–48. http://dx.doi.org/10.24144/2307-3322.2022.71.6.

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The article focuses on making distinction between the concepts of res judicata, finality and legal effect of judgments, as these terms are often used in legal literature and case law as interchangeable categories, sometimes as components of each other, sometimes as necessary conditions or consequences of each other. The article points out that the concept of ‘finality’ is often used in two contexts. The first one focuses on the properties of a court decision as an act of judiciary, which completes the resolution of a particular cause of action or determination of a particular issue in a

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21

Taufiq, Ahmad Ivan. "Tinjauan Hukum Acara Perdata terhadap Putusan Ekseptio Res Judicata dalam Perkara Perceraian." UNISKA LAW REVIEW 1, no. 1 (2020): 54. http://dx.doi.org/10.32503/ulr.v1i1.554.

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Penelitian ini mengkaji tentang putusan verstek hakim terhadap perkara perceraian Nomor 1596/Pdt.G/ 2000/PA.Kab.Kdr dan Nomor 2322/Pdt.G/2012/PA.BL sudah memenuhi unsur ekseptio res judicata serta kekuatan hukum ekseptio res judicata perkara perceraian dengan Nomor 1596/Pdt.G/2000/PA.Kab.Kdr dan Nomor 2322/Pdt.G/2012/ PA.BL ditinjau dari sistem peradilan di Indonesia. Metode yang digunakan dalam penelitian ini yaitu yuridis normatif. Hasil penelitian ini menunjukan bahwa putusan verstek antara dua lembaga peradilan agama yakni Pengadilan Agama Kabupaten Kediri dan Pengadilan Agama Blitar sudah

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22

Soon, Joel. "Jurisdictional Conflict Between the World Trade Organization and Regional Trade Agreements: Res Judicata Revisited." Journal of World Trade 56, Issue 6 (2022): 899–914. http://dx.doi.org/10.54648/trad2022037.

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This article discusses the long-standing issue of jurisdictional conflict in World Trade Organisation (WTO) jurisprudence, which has, in the recent decades, been exacerbated by the proliferation of Regional Trade Agreements (RTAs). An examination of WTO jurisprudence reveals that jurisdictional conflict stems from the lack of choice of forum clauses in WTO-covered agreements, and the lack of a hierarchy of sources in international law. While there exists legal basis for the application of general principles of international law such as res judicata, a careful analysis demonstrates that there i

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23

Groza, Anamaria. "Res Judicata and the Principle of Effectiveness of European Law: A (Sometimes) Difficult Encounter?" Perspectives of Law and Public Administration 13, no. 4 (2024): 654–62. https://doi.org/10.62768/plpa/2024/13/4/16.

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The res judicata produced by court judgments in EU Member States has sometimes been called into question by the CJEU, in order to ensure the effete utile of Union law. The judgment delivered by the Court following a preliminary reference by the Brașov Court of Appeal must be understood in this perspective. The Court’s reasoning is interesting because it expresses the fine balance between respecting the effects of a final judgment of national courts and the useful effect of EU law, helping to understand the Court’s view on the interplay of the two principles. On this occasion, the CJEU recalled

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24

Walters, Gretta L. "Fitting a Square Peg into a Round Hole: Do Res Judicata Challenges in International Arbitration Constitute Jurisdictional or Admissibility Problems?" Journal of International Arbitration 29, Issue 6 (2012): 651–80. http://dx.doi.org/10.54648/joia2012041.

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Parties in international arbitrations often raise res judicata challenges before arbitral tribunals and courts. But neither parties nor the tribunals or courts have been clear as to whether these challenges affect the admissibility of a claim or the tribunal's jurisdiction. A close analysis of arbitral awards and court decisions that address res judicata challenges reveals, however, that the question need not be as complicated as parties, tribunals, and courts have made it.

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Pérez, Francisco G. Prol. "O Caso Julgado na Arbitragem Internacional. Alguns Pontos a Considerar." Revista Brasileira de Arbitragem 9, Issue 35 (2012): 37–47. http://dx.doi.org/10.54648/rba2012042.

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ABSTRACT: The interpretation of the effects of res judicata can vary greatly depending if such interpretation is made by a lawyer of Common or Civil law. The same evaluation of the three elements necessary to distinguish that we are facing a res judicata issue (i.e. identical parties, identical contractual object, and identical cause of action) can differ considerably if they are examined by lawyers from different legal traditions. Thus, in relation to the 'identical parties' element, the author evokes the Anglo-Saxon figures of Trust and Privy and the problems arising for the companies of a s

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26

CHORNOUS, Yuliia, Nataliia VOLKOVA, Antonina ZGHAMA, Yuliia TSAL-TSALKO, and Olha TSYBULSKA. "Res Judicata in Civil, Economic and Criminal Proceedings in Ukraine." Journal of Advanced Research in Law and Economics 10, no. 3 (2019): 753. http://dx.doi.org/10.14505//jarle.v10.3(41).08.

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The need to improve the efficiency of the implementation of the tasks of the judiciary, which is associated with the improvement of evidentiary activities, the saving of procedural time, as well as the use of res judicata (also known as claim preclusion) in the process of proving, determines the relevance of the analysis of the use of res judicata in civil, economic and criminal proceedings in Ukraine. The purpose of the article is to study the legal category of ‘res judicata’ (claim preclusion), problems of the theory and practice of the application of claim preclusion and its use in the exer

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27

Fernandes, Sylvester Valentine. "Re: Chappel v Hart res judicata?" ANZ Journal of Surgery 80, no. 7-8 (2010): 568–69. http://dx.doi.org/10.1111/j.1445-2197.2010.05386.x.

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Hugh, Thomas B. "Re: Chappel v Hart: res judicata?" ANZ Journal of Surgery 80, no. 7-8 (2010): 576. http://dx.doi.org/10.1111/j.1445-2197.2010.05394.x.

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29

Laukemann, Björn. "Unionsrechtsschutz und res judicata im Zivilprozess." Zeitschrift für Zivilprozess 130, no. 4 (2017): 439–78. http://dx.doi.org/10.1515/zzp-2017-1300403.

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30

Barthel, Erik R., Bruce E. Stabile, David Plurad, et al. "Surgical Malpractice in California: Res Judicata." American Surgeon 80, no. 10 (2014): 1007–11. http://dx.doi.org/10.1177/000313481408001021.

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Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by

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Azzis, Nadia Murshida Abd. "application of principle of res judicata and estopple in family law cases in Syariah court." Linguistics and Culture Review 5, S4 (2021): 2102–11. http://dx.doi.org/10.21744/lingcure.v5ns4.1928.

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This writing examines the Syariah court’s approach in applying the principle of res judicata and estoppel in family law cases in Syariah. With the existence of the legal provisions, there are still the unclear application of res judicata and the principle of estopple in terms of hearing mal cases especially the matter involved with a monetary claim for example mut’ah cases, child maintenance, and jointly acquired property. Although this principle has been understood by the legal practitioner, the synchronization between the principle of res judicata, estopple, and court procedure is yet to be

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Liu, Jia-Jia, and Nak-Hyun Han. "Applicability of a Fork-in-the-Road Clause and the Res Judicata Principle in International Commercial Arbitration." Korean Academy Of International Commerce 38, no. 1 (2023): 103–19. http://dx.doi.org/10.18104/kalc.2023.38.1.103.

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Purpose: By analyzing the res judicata principle and the fork-in-the-road clause, which are frequently at issue in international commercial arbitration, this study presents the implications related to these clauses after analysis of Iberdrola v. Guatemala (II). Research design, data, and methodology: This study mainly adopts the literature research method, and utilizes domestic and foreign literature as well as Internet data. Results: ① The issue of res judicata was decided based on international law and the law of the place of arbitration (Swiss law). ② Based on the triple identit

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KULICK, ANDREAS. "Article 60 ICJ Statute, Interpretation Proceedings, and the Competing Concepts of Res Judicata." Leiden Journal of International Law 28, no. 1 (2015): 73–89. http://dx.doi.org/10.1017/s0922156514000545.

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AbstractThe judgment of the International Court of Justice (ICJ) of 11 November 2013, interpreting its 1962 judgment in the case concerning the Temple of Preah Vihear, inspires a reconsideration of the role of interpretation proceedings pursuant to Article 60 of the Statute of the Court. In particular, it invites us to take a closer look at the role and scope of the principle of res judicata in public international law in general and as considered in the case law of the Court in particular. This contribution reveals the competing concepts of the principle in interpretation and consecutive orig

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Pilkov, K. M. "Extraordinary review of judgments in civil law jurisdictions." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 82–86. http://dx.doi.org/10.24144/2788-6018.2022.03.14.

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The article is focused on the current problem of distinguishing the means of ordinary and extraordinary review of court decisions, in view of the universally recognized value of the finality of a judgment and the unacceptability of groundless interference with res judicata. Based on the examples of some civil law countries the article substantiates the most common grounds for intervention into a final judgment which are considered sufficient, as well as introduces common traits which allow grouping those grounds. The article argues that, in general terms, the most common grounds for an e

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35

Turmo, Araceli. "National res judicata in the European Union: Revisiting the tension between the temptation of effectiveness and the acknowledgement of domestic procedural law." Common Market Law Review 58, Issue 2 (2021): 361–90. http://dx.doi.org/10.54648/cola2021023.

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This paper presents an overview of recent ECJ case law concerning res judicata, with a focus on the way in which EU law affects national rules related to this principle. A series of recent judgments has confirmed the importance of the issue in the broader context of the impact of EU law on national judicial systems and the circulation of judgments. The ECJ mostly confirms trends visible in earlier case law, signalling an awareness of the importance of this rule for national judicial systems and restricting exceptions to what appears strictly necessary in order to ensure the effectiveness of EU

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Knežević, Marko. "Required joinder of parties in civil procedure and extension of res judicata effect." Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 2 (2023): 443–64. http://dx.doi.org/10.5937/zrpfns57-43686.

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The paper deals with specific problem regarding required joinder of parties in litigation, namely legal consequences of rendering the judgment despite the failure to join a necessary party, but with court's failure to detect the issue, i.e. is the lacking necessary party bound by judgement? Dominant opinion, both in domestic and foreign representative legal theory and case law, decline res judicata effect, while some Serbian scholars accept it. Research based on constitutional and dogmatic scale shows that extension of res judicata effect could not be deemed as Serbian lex lata. The concept of

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Saleem, Hafiz Abdul Rehman, Hamid Mukhtar, and Imtiaz Ahmad Khan. "Dimensions of Res Judicata Applicability in Pakistan." Spring 2023 3, no. 2 (2023): 686–94. http://dx.doi.org/10.54183/jssr.v3i2.166.

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Res judicata is a matter of public policy and right during any litigation. The doctrine is discussed in the Code of Civil Procedure 1908 (CPC 1908) with an exhaustive instance of applicability and inapplicability in Section 11. However, the explanation given in Section 11 appears in-exhaustive considering the broader spectrum of cases and scenarios. This manuscript consolidates the instances that complement section 11 to formulate the ever-exhaustive list of instances for the proper application of res judicata. The study conducted case-based research and extracted the rules formulated in the j

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Kornezov, Alexander. "Res judicata of national judgments incompatible with EU law: Time for a major rethink?" Common Market Law Review 51, Issue 3 (2014): 809–42. http://dx.doi.org/10.54648/cola2014062.

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There is currently much uncertainty about the extent to which EU law can affect national rules on res judicata. The reason for this is the mainly casuistic approach which has so far prevailed both in the case law and in the doctrine. This article puts forward a new framework for examining the matter. It argues, in essence, that EU law can - and should - impose, on the one hand, stricter limits on the authority of res judicata of national judgments incompatible with EU law and, on the other hand, allow retrial in certain circumstances for the purpose of remedying a violation of that law.

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Gupta, Ritunjay. "Res Judicata in International Arbitration: Choice of Law, Competence & Jurisdictional Court Decisions." Asian International Arbitration Journal 16, Issue 2 (2020): 193–220. http://dx.doi.org/10.54648/aiaj2020021.

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Given the twin goals of finality and efficiency, the doctrine of res judicata has come to be applied, although less frequently, in the international arbitration context as well. However, being largely perceived as a proverbial ‘twilight issue’ in international arbitration, its application is fraught with uncertainties and inconsistencies. Amongst the more compelling concerns regarding the subject matter, this Article tackles the ambiguities around the choice of law analysis for preclusion standards; the doubts regarding the arbitral tribunal’s kompetenz-kompetenz to address the issue; and the

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Seok, Hyunsoo. "The successor of subject-matter in dispute and the subjective extent of Res Judicata." Institute of Legal Myongji University 23, no. 2 (2025): 241–58. https://doi.org/10.53066/mlr.2025.23.2.241.

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Regarding whether the successor of subject-matter in dispute subsequent to a closure of pleadings is the successor subsequent to a closure of pleadings specified in Article 218, Paragraph 1 of the Civil Procedure Act(hereinafter ‘Article 218 successor’), Supreme Court precedent basically takes the position that ‘the successor of subject-matter is the Article 218 successor if the objects of lawsuit is based on real rights, but not if the object of lawsuit is based on obligation’, but especially in the case that subject-matter in dispute is inherited from a losing plaintiff, it takes the positio

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Muchiri, Samson. "Using res judicata to resolve jurisdictional conflicts between WTO and regional trade agreements’ dispute settlement mechanisms." Kabarak Law Review 2 (December 16, 2023): 1–35. http://dx.doi.org/10.58216/klr.v2i.345.

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The WTO has a renowned dispute settlement body, distinguished from other dispute settlement bodies by its compulsory and exclusive jurisdiction. However, regional trade agreements provide for rights and obligations similar to those guaranteed by the WTO thus, causing material jurisdictional overlaps between the WTO institutions and regional dispute resolution institutions. Potentially, a State aggrieved by measures that contravene rights or obligations within such overlaps has two alternative fora for dispute resolution. Where the regional trade agreement dispute resolution mechanism resolves

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Jordaan, Donrich. "TAKING A SECOND BITE AT THE APPEAL CHERRY: MOLAUDZI v S." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 12, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1282.

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The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, but once the parties have exhausted their appeals, they cannot re-litigate the same dispute. However, in the recent case of Molaudzi v S 2015 2 SACR 341 (CC) the appellant attempted to appeal to the Constitutional Court twice: the first time the application for leave to appeal was dismissed; the second time the application was granted and the appeal upheld. The appellant got

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Погорецький, В. "Паралельні арбітражні процеси і принцип res judicata". Юридична Україна, № 3 (2008): 75–79.

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Kovtun, N. N. "Res Judicata of the Reformed Russian Cassation." Russian Journal of Legal Studies 2, no. 4 (2015): 121–30. http://dx.doi.org/10.17816/rjls18087.

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In the article the author analyzes the conformity of the new cassation proceedings in Russia with the fundamental principle of res judicata, consequences that derive from this principle and announced aims of the reform, that was realized by adoption of the Federal Law № 433-FZ of December 29, 2010.

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강현중. "A study on RES JUDICATA(claim preclusion)." KOOKMIN LAW REVIEW 19, no. ll (2007): 99–149. http://dx.doi.org/10.17251/legal.2007.19..99.

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Gilbert, K. "Don't be a Martyr to Res Judicata." Journal of Intellectual Property Law & Practice 1, no. 8 (2006): 507–9. http://dx.doi.org/10.1093/jiplp/jpl080.

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Park, Jaewan. "Collection Actions and Expansion of Res Judicata." Institute for Legal Studies 39, no. 4 (2022): 199–233. http://dx.doi.org/10.18018/hylr.2022.39.4.199.

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Jon, Wonyol. "Res Judicata of Arbitral Awards in Korea." Korea Association of the Law of Civil Procedure 28, no. 1 (2024): 261–98. http://dx.doi.org/10.30639/cp.2024.2.28.1.261.

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Arbitral awards have preclusive effects, as well as national court judgments under res judicata principle, and this is stipulated in Arbitration Act of Korea. The extent of preclusive effect of court judgments, however, differs from country to country, especially between civil law jurisdictions and common law jurisdictions. The civil law jurisdictions usually preclude only the claims of the previous lawsuit to be relitigated, whereas the common law jurisdictions preclude both claims and issues of the previous lawsuit. Although preclusive effects of arbitral awards often have internationa

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Zaugg, Niklaus. "Objective scope of res judicata of arbitral awards Is there room for discretion?" ASA Bulletin 35, Issue 2 (2017): 319–33. http://dx.doi.org/10.54648/asab2017028.

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In its landmark decision DFT 141 III 229 – also known as the “US law firm decision” –, the Swiss Federal Tribunal confirmed its previously established doctrine on the controlled transfer of a foreign award’s effects (“Kontrollierte Wirkungsübernahme”) when determining the objective scope of res judicata of a foreign arbitral award. The concept implies that the binding effect of a foreign award cannot go beyond the determinations contained in its operative (or dispositive) part. Such narrow approach to res judicata has been criticised by various authors. It is considered inappropriate in the co

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Ceban, Alexandru. "The res judicata of the decision of the Supreme court of Justice." Supremacy of Law, no. 2 (July 2024): 85–89. https://doi.org/10.52388/2345-1971.2023.2.09.

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„Res judicata pro veritate habetur si bis de eadem re ne sit actio”, is an ancient maxim that provides for the fact that a judged matter is considered true, so that the same case is not acted upon twice, or what constituted the object of a judgment can no longer be questioned. The decision of the Supreme Court of Justice is the final point of an often-arduous judicial path, following the examination of the appeal, as the most important appeal in the opinion of the author, which completes the judicial review in the civil process, and the respective decisions of the supreme court they are invest

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