Enforcement of Foreign Judgments and Arbitral Awards outside the European Judgments Regimes
APPLICATION OF MERGER AND ISSUE ESTOPPEL
In English law an action in personam
merges into a judgment of an English court on the action and an action in rem
into the judgment on that action. As a result the basis of any further action by a party is the judgment. Like principles are those of issue or cause of action estoppel, “issue estoppel” being in essence a variant of cause of action estoppel. In regard to cause of action estoppel a party is estopped from asserting that a cause of action exists (or does not exist) when the question has been judicially determined. Through “issue estoppel” that general doctrine is applied to a particular issue common to consecutive proceedings.
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