The interpretation of the effects of res judicata can vary greatly depending if such interpretation is made by a lawyer of Common or Civil law. The same evaluation of the three elements necessary to distinguish that we are facing a res judicata issue (i.e. identical parties, identical contractual object, and identical cause of action) can differ considerably if they are examined by lawyers from different legal traditions. Thus, in relation to the «identical parties» element, the author evokes the Anglo-Saxon figures of Trust and Privy and the problems arising for the companies of a same group. In relation to the «identical object» element, the author talks about the need to resolve all the disputes between the parties in the original lawsuit, and regarding the «identical cause of action», the author refers to the existence of proceedings that may not produce a res judicata effect.
Iurgium [previously Spain Arbitration Review]