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" The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same... "
The Federal Reporter - Stran 11
1917
Celotni ogled - O knjigi

Reports of the United States Tax Court, Količina 76

United States. Tax Court - 1981
...common-law adjudication, embodied in the related doctrines of collateral estoppel and res judicata, is that a "right, question or fact distinctly put in...directly determined by a court of competent jurisdiction ... cannot be disputed in a subsequent suit between the same parties or their privies ...." Southern...
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Répertoire de la Jurisprudence Arbitrale Internationale: 1946-1988 (2 v.)

Vincent Coussirat-Coustère, Pierre Michel Eissemann - 1989 - 16 strani
...announced in numerous cases is that a right, question, or fact distinctly put in issue and distinctly determined by a court of competent jurisdiction as a ground of recovery, cannot be disputed") does not dispose of this question. It tells us what matters in the original Award on the merits are...
Omejen predogled - O knjigi

Systems of Control in International Adjudication and Arbitration: Breakdown ...

William Michael Reisman - 1992 - 174 strani
...actually and directly involved in said decree. . . . The general principle, announced in numerous cases is that a right, question, or fact distinctly put in...of competent jurisdiction as a ground of recovery, can not be disputed.163 The application of the principle of res judicata depends upon the identity...
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International Law Reports: Volume 89, Količina 89

E. Lauterpacht, C. J. Greenwood - 1992 - 685 strani
...announced in numerous cases is that a right, question, or fact distinctly put in issue and distinctly determined by a court of competent jurisdiction as a ground of recovery, cannot be disputed") does not dispose of this question. It tells us what matters in the original Award on the merits are...
Omejen predogled - O knjigi

ICSID Reports: Volume 1: Reports of Cases Decided Under the Convention on ...

Rosemary Rayfuse - 1993 - 754 strani
...announced in numerous cases is that a right, question, or fact distinctly put in issue and distinctly determined by a court of competent jurisdiction as a ground of recovery, cannot be disputed") does not dispose of this question. It tells us what matters in the original Award on the merits are...
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A Sourcebook of Canadian Media Law

Robert Martin, Stuart Adam - 1994 - 869 strani
...Appeal has held on the matters, my opinion is that it is not open to me to reconsider any of them. right, question, or fact distinctly put in issue and...directly determined by a Court of competent jurisdiction . . . cannot be re-tried. . . . The right, question, or fact, once determined, must, as between them,...
Omejen predogled - O knjigi

Oversight of the FDIC and the RTC's Use of D'Oench Duhme: Hearing Before the ...

United States, United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management and the District of Columbia - 1995 - 333 strani
...characterized as Hiwiiwiahi"j the value of assets acquired by the FDIC. HI COLLATERAL ESTOPPEL «5 A right, question or fact distinctly put in issue...directly determined by a court of competent jurisdiction cannot be disputed in a subsequent suit. Bank of Heflin v. Miles, 621 F.2d 108, 112 (5th Cir.1980)....
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ICSID Reports: Volume 6

James Crawford, Karen Lee - 2004 - 728 strani
...case of the Compagnie Generate de I'Orenoque: The general principle announced in numerous cases is that a right, question, or fact distinctly put in...jurisdiction, as a ground of recovery, cannot be disputed . . .*' It is only the particular matter in controversy which is decided:" 4l. The American-British...
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Drug and Medical Device Product Liability Deskbook

James Beck, Anthony Vale - 2004 - 1712 strani
...or fact distinctly pul in issue and directly determined by a court of competent jurisdiction . . . cannot be disputed in a subsequent suit between the same parties or their privies . . . .'"). 2 Tenth Circuit: Coburn v. SmithKiine Beecham Co.. 174 F. Supp.2d 1235 (D. Utah 2001) (application...
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Pervasive Problems in International Arbitration

Loukas A. Mistelis, Julian D. M. Lew - 2006 - 391 strani
...announced in numerous cases is that a right, question, or fact distinctly put in issue and distinctly determined by a court of competent jurisdiction as a ground of recovery, cannot be disputed. This essentially prescribes the triple identity test. Although the second tribunal in Amco still had...
Omejen predogled - O knjigi




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