Conference on Res Judicata, Claim Preclusion, Issue Preclusion and Claim Splitting

13 Nov 2024

Paris English CNB, CLE and MCLE credits available
44th ICC Institute of World Business Law Annual Conference

Join practising lawyers, arbitrators, mediators and corporate counsel for the 44th ICC Institute of World Business Law Annual Conference on Res Judicata, Claim Preclusion, Issue Preclusion and Claim Splitting. Taking place in Paris on Wednesday 13 November 2024, this full-day conference promises unrivalled networking opportunities and in-depth discussions with expert speakers around the theme of res judicata. 


This 44th edition will focus on the nature, purpose and application of Res Judicata in international arbitration. This subject is important to all arbitrators, arbitration practitioners and court litigators as Res Judicata, claim preclusion, issue preclusion and claim splitting, as a result of the same or a similar legal dispute arising in more than one proceeding, or phase of a proceeding, is now very common.  Noted common law and civil law experts in this field will share their experience on how Res Judicata is applied in various jurisdictions within those legal systems.  They will also speak about the development of separate (but related) legal doctrines which seek to address the finality and fairness of prior proceedings, such as abuse of process.  A final panel will look at whether there is scope for adopting a more uniform and universal approach to Res Judicata in international arbitration. 

All participants will receive a copy of the Dossier XXIII of the Institute Series, summarising the day’s discussions.  

 

Registration and the programme will be announced soon. Register your interest to ensure you receive the latest updates on the conference! 

 

For more information on what the ICC Institute of World Business Law does, click here. To view the photos from last year’s 43rd ICC Institute Annual Conference on Good Faith in International Arbitration, visit ICC’s Flickr page

 

Who should attend? 

  • Practising lawyers 
  • Corporate counsel 
  • Judges 
  • Arbitrators 
  • Mediators 
  • Business professionals and academics from around the world 

Timing tbc

  Introductory remarks and presentation

 

A general overview of res judicata

During this interactive session, the panelists will discuss the nature and purpose of res judicata, whether it is recognized as applicable to all court decisions and arbitral awards in all jurisdictions, whether it is an issue of substance or an issue of procedure, the law applicable to res judicata and its positive and negative aspects, whether the res judicata effect of a court decision can be invoked to bar a subsequent arbitral procedure and vice verso, and finally, if an award does not meet all the conditions to have res judicata, what value should it be given in a subsequent arbitral procedure.
  Coffee break

 

Res judicata in civil law jurisdictions

The panel will be devoted to a general discussion of the approach of res judicata in civil law jurisdictions, i.e., the triple identity test, and will discuss in particular the scope of res judicata, whether it is it limited to the dispositive part of the award or whether it extends to the reasoning, the decisions to which it applies, whether it belongs to public policy, and in the affirmative, what are the consequences of this qualification, and how the courts in various civil law jurisdictions interpret the concepts of “same parties”, “same subject matter”, “same legal grounds”.
  Lunch break

 

Res judicata in common law jurisdictions

After a general overview of the common law approach to res judicata, the panelists will proceed to an interactive discussion of the various types of res judicata applied in common law jurisdictions: cause of action estoppel, issue estoppel, former recovery, Henderson v. Henderson and the issues raised by each one of them.
  Coffee break

 

Towards a uniform and broader approach to res judicata

Has there been a tendency these years to overcome the distinction common law – civil law in the application of res judicata and to adopt a broader and more uniform approach to the issue? This will be the focus of the fourth and final session which will include the following:

  • The evolution of national legal systems.
  • The Resolutions of the International Law Association on res judicata.
  • Is this extended approach followed by arbitral tribunals: 
    • In commercial cases.
    • In investment cases. 
  Concluding remarks

Speakers will be announced soon. 

Date and venue

Date: Wednesday 13 November 2024

Venue: Les Salons de l'Aéro-Club de France, 6 rue Galilée, 75116 Paris, France

Registration fees

Registration fees will be announced shortly.

Travel and accommodation

Participants are responsible for making their own travel arrangements and hotel reservations.

We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration and full payment of your registration fees.

Working language This conference will be held in English.
Credits, hours and points

The conference will be eligible for credits before the Paris and New York Bars, subject to validation of ICC Global Events' applications, or individual application, as necessary.

Further, ICC Global Events is a State Bar of California approved MCLE provider.

Disclaimer The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC receives written notification to the contrary.

For further information, please contact:

Organising team

Sponsorship team

Organiser