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The paper analyses the sources of the res judicata effect of international arbitral awards. It discusses the problems inherent in the application of the rules of domestic law governing the res judicata effects of national judgments and the approach of international arbitrators and of national courts.
Radicati Di Brozolo, Luca
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European Review of Private Law, 1998
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.
Ernst Gras +4 more
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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.
Ernst Gras +4 more
openaire +1 more source
Surgical Malpractice in California: Res Judicata
The American Surgeon™, 2014Medical 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.
Erik R, Barthel +7 more
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1975
One of the general principles of law recognized by nations is res judicata pro veritate habetur:1 A matter adjudged is taken for truth, or, to put it in the words of the Permanent Court of International Justice in the case of “Societe Commerciale de Belgique”, recognition of an award as res judicata means nothing else than recognition of the fact ...
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One of the general principles of law recognized by nations is res judicata pro veritate habetur:1 A matter adjudged is taken for truth, or, to put it in the words of the Permanent Court of International Justice in the case of “Societe Commerciale de Belgique”, recognition of an award as res judicata means nothing else than recognition of the fact ...
openaire +1 more source

