?
Применение правила issue estoppel в международном коммерческом арбитраже
This article discusses the rule under which the party must raise all claims before court (arbitration tribunal) as otherwise the party will be precluded from relitigating them in further proceedings (issue estoppel / concertation des moyens). More specifically, it discusses the possibility of application of this doctrine to arbitration in Russia. The Author also addresses the principle of legal certainty under which the award would violate public order if it disposes of claims that could have been raised in the initial arbitral proceedings (RF Supreme Court Ruling 27.09.2018 No. 310-ЭС17-5655). Based on the doctrine and case law analysis, it is concluded that the principle of legal certainty (which is almost identical to the English concept of issue estoppel) may not be treated as an element of Russian public order and thus may not serve as a basis for denial of recognition and enforcement of foreign arbitral awards in Russia.