Lloyd's Maritime and Commercial Law Quarterly
WHO IS BOUND BY AN ARBITRAL AWARD?
Sunil Mawkin*
Justin Tan†
PJSC National Bank Trust v Mints
Introduction
Under English law, once an issue has been decided in a court judgment or arbitral award, the parties to the judgment or award are barred from relitigating the issue in subsequent proceedings. This is known as the doctrine of issue estoppel. In relation to a court judgment, this issue estoppel binds not only the parties to the litigation, but also third parties sharing a “privity of interest”1 as determined by applying the Gleeson test.2 One classic example
* Counsel, Allen & Overy.
† Trainee Solicitor, Allen & Overy. All views expressed in this article are the authors’ own and do not represent the views of their firm or anyone else.
1. Gleeson v J Wippell & Co Ltd [1977] 1 WLR 510, 514.
2. Ibid, 515.
Case and comment
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