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The applicability of Res Judicata and Lis Pendens in World Trade Organisation dispute settlement [PDF]
Son Tan Nguyen
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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
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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. We reviewed negligence litigation involving California
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 ...
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Annual Digest of Public International Law Cases, 1936
Arbitration — Procedure — Res judicata — Alternative Claims before National and International Tribunals.Arbitration — Jurisdiction — Mixed Arbitral Tribunals — Alternative Claims before National and International Tribunals — Res judicata.Arbitration — Res judicata — In Cases of Alternative Jurisdiction.Claims — Alternative Claims before National and ...
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Arbitration — Procedure — Res judicata — Alternative Claims before National and International Tribunals.Arbitration — Jurisdiction — Mixed Arbitral Tribunals — Alternative Claims before National and International Tribunals — Res judicata.Arbitration — Res judicata — In Cases of Alternative Jurisdiction.Claims — Alternative Claims before National and ...
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Transnational Arbitral Res Judicata
Journal of International Arbitration, 2016Commercial 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 ...
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SSRN Electronic Journal, 2012
This paper attempts to understand the concepts of Res Judicata (Civil Procedure Code) and Estoppel (Indian Evidence Act) and distinguish between the two.
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This paper attempts to understand the concepts of Res Judicata (Civil Procedure Code) and Estoppel (Indian Evidence Act) and distinguish between the two.
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