The doctrines of claim and issue preclusion (also called res judicata and collateral estoppel, respectively) bar reexamination of claims and issues once litigated. Although these doctrines generally apply to arbitration awards “with the same force and effect as [they apply] to judgments of the courts,”1 several special preclusion issues may arise in the arbitration context.
Claim vs. Issue
Under the doctrine of claim preclusion, a valid final judgment generally bars future claims that were or could have been raised in a prior action between the same parties on the same cause of action.2 Claim preclusion requires: (1) an adjudication on the merits in the earlier action, (2) presence of the same parties or their privies in both actions, and (3) the same cause of action in both proceedings. In the context of arbitration, if a party brings a claim in arbitration, and the arbitrator rejects the claim, the party generally cannot initiate a lawsuit on that same claim in court.3
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
