Bridging the Procedural Gap: Arbitration Decisions as a Basis for Collateral Estoppel - Benjamin v. Traffic Executive Association Eastern Railroads

Authors

Robert M. Bain

Abstract

Courts have long used the doctrine of collateral estoppel to preclude relitigation of previously determined issues. The fora for the previous determination is of importance in deciding whether to apply the doctrine. This Note will examine the application of the doctrine of collateral estoppel to arbitration decisions. In deciding the question, the courts' major consideration is the degree of procedural differences between the arbitration proceeding and a judicial proceeding. The more closely an arbitration resembles litigation in the procedural safeguards employed, the more likely that the arbitral decision will be accorded a preclusive effect. Unfortunately, as arbitration proceedings become more like litigation, their effectiveness and desirability decreases.

Recommended Citation

Robert M. Bain, Bridging the Procedural Gap: Arbitration Decisions as a Basis for Collateral Estoppel - Benjamin v. Traffic Executive Association Eastern Railroads, 1990 J. Disp. Resol. (1990)
Available at: https://scholarship.law.missouri.edu/jdr/vol1990/iss1/11