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27 Enforcement of Foreign Judgments and Arbitral Awards outside the European Judgments Regimes

Enforcement of Maritime Claims

27 Enforcement of Foreign Judgments and Arbitral Awards outside the European Judgments Regimes APPLICATION OF MERGER AND ISSUE ESTOPPEL 27.1 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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