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Rechtskraft des Schiedsspruchs

Die Gewährleistung der Einmaligkeit von Entscheidungen der Handelsschiedsgerichtsbarkeit zwischen individuellem Rechtsschutz und öffentlichen Interessen
Nomos,  2018, 363 Pages

ISBN 978-3-8487-4609-5

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The work is part of the series Successful Dispute Resolution (Volume 6)
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englischAn arbitral award has the same res judicata effects as a ruling by a state court. This parallel, however, must not conceal the differences between the two methods of resolving disputes. If the parties involved in an arbitration dispute are to make use of the objectives of the arbitration and can determine rules of procedure that deviate from statutory law, the definition of the award’s binding effects is also subject to their interests and intentions. In this study, Dorothee Klement explores the reasons for and limits of a doctrine of res arbitrata that is based on the will of party. She shows that the objective of a functional parallel between arbitral and judicial protection requires the development of an autonomous understanding of the binding effects of arbitral awards. This can only succeed if it is based on theories on the purpose, function and limits of arbitration.