Consumer Arbitration Agreements: 11.8.1 Introduction
The law of collateral estoppel and res judicata (also often called issue and claim preclusion) is well developed, and typically deals with the preclusive effect of a prior court proceeding on a later court proceeding. Special issues are raised as to an arbitration proceeding’s preclusive effect on a court proceeding or the preclusive effect of either an arbitration or court proceeding on a subsequent arbitration proceeding. For example, an arbitration proceeding may interpret a contract.