Litigating parties recognize that both res judicata (claim preclusion) and collateral estoppel (issue preclusion) apply not only to court decisions but to those of an arbitrator as well.
But what if following the judicial confirmation of an arbitration award, the losing party brings a second arbitration claim? The party successful in the first arbitration believes, however, that the new proceeding raises claims or issues that were resolved in the first arbitration. Who decides whether claim or issue preclusion should apply—the court that confirmed the initial award or the arbitrator appointed for the second arbitration?
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