PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Res Judicata/Coll. Estoppel
5 Cards On This Topic:
  • Because res judicata is legal defense necessarily intertwined with merits, res judicata effect of prior arbitration award on subsequent arbitration is to be determined by arbitrator.
  • Arbitration award can operate as res judicata bar to subsequent lawsuit by plaintiff asserting same causes of action against additional defendant who is in privity with original defendant as its licensee.
  • Arbitrator's award under coll. barg. agrmt did not have preclusive effect in retaliatory discharge suit as agrmt did not clearly provide for binding arbitration of employee's claim, and there was no full, fair adjudication of Lab. Code claim.
  • In a later action, third parties may assert the doctrine of collateral estoppel against a party to the contract and the arbitration.
  • Collateral estoppel applies to findings made during labor arbitration under collective bargaining agreement.