This blog is written by Gannatullah Muhammed, a Law Graduate from Cairo University

Introduction:-

Res-judicata is a legal definition that refers to how a final award is binding. It prevents, and it means that once an award has been done it is sufficient enough to be considered as a Means to consider the previous award in any other similar subject matter with the same Sufficient to be fair enough for being binding. It also prevents malicious lawsuits from Parties or proceedings as if it settled again by the same award because it is already settled and Repeating a case law of a specific subject matter with the same procedures or the same parties. Fair accompli after then in any other subject matter with same procedures and parties, which Wasting judicial time.

The Importance:-

Stability can’t be reached if the losing party can always circumvent the law by using the appealing tool in order not to make the award as binding as possible as this can disable law enforcement, in this way also justice can’t be reached.

On the other hand, the importance of appealing awards cannot be denied as nothing is infallible to ensure reaching justice That’s why to get the benefit of res-judicata it must be applied in specific cases as res-judicata is used in domestic systems, it is needed in international systems to solve the international disputes easily that are increasing nowadays by increasing the international relations same as what happens domestically

So the concept of res judicata can end disputes easily, In this way stability and justice can be reached at the international level and in an effective way which leads to improved trust in international systems and encourages states to use it in solving disputes.

It can be used in any international proceedings such as international arbitration and this concept is also applied in awards issued by arbitration courts and ICJ

Case Law:-

The Egyptian Court of Cassation, while considering appeal No. 814 of the 72nd judicial year, in the session of February 25, 2014, confirmed that the text of Article 101 of the Evidence Law states that judgments that have acquired the force of res judicata are binding on the rights they have decided, and evidence of this bindingness may not be accepted.

It added: “However, these judgments do not have this bindingness except in a dispute that arose between the same parties without changing their characteristics and relates to the same right in terms of subject matter and cause, and the court rules on this bindingness of its own accord, indicating that the bindingness of judicial judgments in civil matters is only established between those who were a party to the dispute in fact or by law, and the person in whose favor a previous judgment was issued cannot object to it against someone who was outside the dispute and was not represented in it by the legal rules established in this regard, and non-parties to this judgment may insist on not recognizing it.

ELEMENTS:-

Three essential elements of res judicata are:-

Res judicata has three general elements: re-litigation, same cause of action, and same or closely related parties.

· Re-litigation: Res judicata prevents a party from bringing a claim once that particular claim has been subjected to a final judgment in some previous lawsuit. Re-litigation applies to a new lawsuit brought in any court, not just the one responsible for earlier judgment. This piece of res judicata is considered the most straightforward of the doctrine.

· Same cause of action: Similarly, res judicata prevents a party from bringing the same claim or cause of action against the defendant once a final judgment has been made. The term ‘claim’ is the legal demand for compensation, while the ’cause of action’ is the set of elements that allow for legal remedy.

· Same or closely related parties: If the parties to a lawsuit are individuals, it is inherently easier to identify if a new lawsuit does involve those individuals. However, the principle of res judicata can also prohibit litigation brought by parties or entities “in privity” to the party involved with the original lawsuit. This can include anyone “acting as an agent” on behalf of the original plaintiff, or any subsidiary of, for example, a corporate plaintiff. And the same principle applies for defendants.

CONCLUSION:

By applying res-judicata we can ensure reaching stability and justice, as we can have strong evidence for the right to end disputes easily Imagine you’ve just had a big disagreement with a friend over a board game. You both argue your points passionately, but eventually, a third mutual friend steps in and helps to resolve the issue, declaring a winner. Once that decision is made, it wouldn’t be fair for either of you to continually bring up that argument every time you play the game. The resolution allows you to enjoy future games without that cloud of uncertainty hanging over you. Similarly, res judicata helps ensure that once a legal issue is settled, everyone can move on, reducing conflict and bringing about a sense of peace and stability.

REFERENCE :-

· Thomson Reuters https://legal.thomsonreuters.com/en last visited in 4/9/2024

· Egyptian Bar Association https://egyls.com/%D9%85%D9%86-%D8%A3%D8%AD%D9%83%D8%A7%D9%85-%D8%A7%D9%84%D9%86%D9%82%D8%B6-%D8%A8%D8%B4%D8%A3%D9%86-%D8%AD%D8%AC%D9%8A%D8%A9-%D8%A7%D9%84%D8%A3%D9%85%D8%B1-%D8%A7%D9%84%D9%85%D9%82%D8%B6/ last visited in 4/9/2024

· The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals/Written by Silja Schaffstein/Published by Oxford University Press in 2016/Citation: Schaffstein, S. (2016). The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals. Oxford University Oxford university press/https://global.oup.com/academic/product/the-doctrine-of-res-judicata-before-international-commercial-arbitral-tribunals-9780198715610/last visited in 4/92024

· International Commercial Arbitration/Written by Gary Born/Published by Kluwer Law International in 2021/Citation: Born, G. (2021). International Commercial Arbitration. Kluwer Law International.Kluwer/https://www.wolterskluwer.com/en/solutions/kluwerarbitration/born/last visited in 4/9/2024

· International Commercial Arbitration: A Guide to the Law and Practice/ Written by Jan Paulsson/Published by Sweet & Maxwell in 2017/ Citation: Paulsson, J. (2017). International Commercial Arbitration: A Guide to the Law and Practice. Sweet & Maxwell.https://www.sweetandmaxwell.co.uk/Product/Arbitration/Practical-Guide-to-International-Commercial-Arbitration-A/Paperback/30796552/last visited in 4/9/2024

· International Commercial Arbitration: Law and Practice/Written by Jan Klein/ Published by Oxford University Press in 2023/ Citation: Klein, J. (2023). International Commercial Arbitration: Law and Practice. Oxford University Press.https://global.oup.com/academic/product/international-commercial-arbitration-in-latin-america-9780379215366?cc=eg&lang=en&/last visited in 4/9/2024

· The New Lex Mercatoria: The Law of International Trade/ Written by Bernard Hanotiau/ Published by Cambridge University Press in 2014/ Citation: Hanotiau, B. (2014). The New Lex Mercatoria: The Law of International Trade. Cambridge University Press.https://www.cambridge.org/core/books/international-commercial-contracts/EE1D6BACEB5321E87ABDCA1851C91359/last visited in 4/9/2024