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Effect of award on third parties: issue estoppel

Arbitration Law Monthly

Effect of award on third parties: issue estoppel

In PJSC National Bank Trust and Another v Mints and Others [2022] EWHC 871 (Comm) Foxton J undertook a detailed analysis of the law relating to the binding effect of an arbitration award on third parties who were not involved in the arbitration but who were closely associated with them. The court’s overall conclusion was that it would be a rare case in which a third party would be precluded by issue estoppel or abuse of process from relitigating issues dealt with in the arbitration.

PJSC : the facts

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