Res judicata before an arbitral tribunal in Switzerland – Recap of the principles

The res judicata doctrine is a universal principle applied by arbitral tribunals around the world. According to this doctrine, the subject matter in dispute is barred by law to be decided anew where it has already been decided by a previous court or arbitral tribunal, since the existence of two enforceable decisions on the same subject matter between the same parties would violate procedural public policy. This blog post recalls the principles of the res judicata doctrine before arbitral tribunals seated in Switzerland as developed by the Swiss Federal Supreme Court in its long-standing jurisprudence.

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