Новые горизонты международного арбитража
The article analyzes the application of the issue preclusion rule with regard to various judicial acts in international commercial arbitration. The author argues that the provisions of Art. 6(1) of the Federal Constitutional Law No. 1-FKZ dated 31 December 1996 “On the Judicial System” as well as Art. 69 of the Arbitrazh [Commercial] Procedure Code and Art. 61 of the Civil Procedure Code do not apply to international commercial arbitration. However, application of the conclusive effect of the Russian court judgments is based on the necessity to avoid violation of the public policy and thus ensure rendering an enforceable award. The author further suggests that the arbitral tribunal may grant conclusive effect to a foreign judgment and / or to prior arbitral award due to the powers to conduct arbitration in the manner it considers appropriate (Art. 19(2) of the Law of the Russian Federation No. 5338-I dated 7 July 1993 “On International Commercial Arbitration”).