Issue estoppel and privity in related litigation and arbitration proceedings | Practical Law

Issue estoppel and privity in related litigation and arbitration proceedings | Practical Law

The case of Dadourian Group International Inc & Ors v Paul Simms & Ors [2006] EWHC 2973 (Ch) raised the question of whether defendants were bound by findings made in an earlier arbitration to which they were not party on the basis that the same issues had been considered in the arbitration and they were bound as being privies to the defendant party in the arbitration.

Issue estoppel and privity in related litigation and arbitration proceedings

Practical Law UK Legal Update Case Report 4-207-3988 (Approx. 4 pages)

Issue estoppel and privity in related litigation and arbitration proceedings

by PLC Dispute Resolution
Published on 06 Dec 2006England, Wales
The case of Dadourian Group International Inc & Ors v Paul Simms & Ors [2006] EWHC 2973 (Ch) raised the question of whether defendants were bound by findings made in an earlier arbitration to which they were not party on the basis that the same issues had been considered in the arbitration and they were bound as being privies to the defendant party in the arbitration.
The decision may be of interest to practitioners who are involved in parallel sets of proceedings between related parties involving similar issues, for example disputes involving insurers and insureds, or disputes arising out of multi-party transactions with separate dispute resolution mechanisms.