Court or Arbitrator – Who Decides Whether Res Judicata Bars Subsequent Arbitration Under the Federal Arbitration Act?
By Jarrod Wong, February 8, 2012
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This article deals with the application of res judicata in the context of arbitration. It also focuses on the Federal Arbitration Act and the situations in which preclusion issues affecting subsequent arbitration come before federal courts. This article also discusses the question of who should determine whether res judicata bars subsequent arbitration while attempting to reconcile conflicting cases on the issue.
