The Effect Of The Res Judicata Of Arbitration

The res judicata of arbitration award is the enforcement of arbitration award which has taken effect. If the parties have choosen arbitration to solve the disputes and the matters have been adjudicated in an arbitration, the parties will be prohibited to apply for another arbitration or judgment. In comparison with other way to solve the disputes, arbitration presents a lot of features.The res judicata of arbitration award applies to the parties in principle and also applies to the third party under particular circumstances. The conclusive opinion and reason constitute the objective scope of res judicata of arbitration while the fact recognized isn’t included in the objective scope of res judicata of arbitration in practice. The date on which the arbitral award is made is the date on which the res judicata of arbitration forms and the res judicata of arbitration shows up as ne bis in idem and preclusion against inconsistent positions and effectiveness of pre-decision.The incident no longer principle in arbitral award has it’s peculiarity while compared with a lawsuit. Whether the subsequent ways to defuse the disputes belong to a new lawsuit depends on parties and findings of fact and claims.An arbitral award come into effect of interruption when it take effect and the the effective date is only. The interruption effect of arbitral award means loss of right and is similar to action limitation.The more items an arbitral award judge, the less rights the parties will lose.An arbitral award is frequently rendered to defuse the disputes quickly. Although arbitral award doesn’t judge the facts, it also judge the right-duty relation of parties and takes legal effect. The arbitral award should take the effectiveness of pre-decision,but the effectiveness of pre-decision appears different effect in different situations.