. Most litigants in person in the Family Court of Australia (FCA) do not have legal representation because they cannot afford it, although a significant minority said that they did not need, or did not want, to be represented by a lawyer. Many litigants in person who said they did not want or need a lawyer exhibited.
The Committee was mandated to study and report on lis pendens and res judicata in arbitration. This report is the Committee’s first under that mandate, and it is an interim report on res judicata.1
This project was commenced under the Chairmanship of Professor Pierre Mayer in 2002, and it has been continued under the Chairmanship of Professor Filip De Ly. The application of res judicata, and various drafts of this report, have been discussed at meetings of the Committee in Paris (January 2002), New Delhi (April 2002), Paris (May 2003), San Francisco (September 2003), London (December 2003) and Paris (March 2004).2
After a conceptual introduction, this report will attempt to give an overview of res judicata from the perspective of comparative domestic law and public international law. Thereafter, the doctrine of res judicata will be discussed and analysed from an international commercial arbitration focus....
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