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Maxwell Lectures Webinar: Res judicata and the ‘could have been‘ claims | 25 November 2021

Maxwell Lectures - Bernard Hanotiau

Maxwell Chambers successfully concluded Maxwell Lectures: Res judicata and the ‘could have been’ claims on 25 November 2021, featuring Prof Bernard Hanotiau from Hanotiau & van den Berg.

The webinar reviewed all the major issues that ‘Res judicata’ raises, many of which do not receive a unanimous answer: in particular, what law should arbitrators apply when they are confronted to a res judicata issue – as is more often the case – under what conditions does res judicata apply; what is the scope of res judicata; and if an award is not res judicata, what value should be given to it by other arbitrators.

Even more fundamentally, there have been debates these recent years on whether res judicata should be narrowly applied or whether it should be recognised a broad scope, extending for example to the “could have been claims”, claims that could have been included in the original procedure – but were not – and are the object of a second procedure. This approach prevails in various jurisdictions. Its application in international arbitration has been advocated by many scholars. It has also been followed by various arbitral tribunals.

Watch the full recorded session below:


Who should attend

Webinar Details

Earn 1 Public CPD Point

Attendance Policy

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar in the manner required by the organiser, and not being away from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.sileCPDcentre.sg for more information.

Practice Area: Alternative Dispute Resolution

Training Category: General

Terms & Conditions

1) Registration – Limited slots are available on a first-come-first-served basis.

2) Cancellations – If you are unable to attend, a substitute participant is welcome. Please inform us of the substitute participant’s particulars in filling up the registration form.

3) You consent for Maxwell Chambers and their partners to collect, use and disclose the personal data that you provide in this form for marketing purposes, including adding you to their mailing list for industry updates.

The Organiser reserves the right to cancel or alter the content and timing of the programme or the identity of the speakers. In the event that the webinar is cancelled by the Organiser, the participants will be notified prior to the webinar.


Prof Bernard Hanotiau


Bernard Hanotiau is a member of the Brussels and Paris Bars, since 1976 and 1989 respectively. In 2001, he established a boutique law firm in Brussels concentrating on international arbitration and litigation. The firm has offices in Brussels and Singapore.

Since 1978, Mr Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. Among the parties engaged in these arbitrations have been states (including on the basis of bilateral investment treaties) and state entities, high technology and telecommunications corporations, construction and real estate companies, airport designers and developers, owners and lessees of shopping malls, shopping parks, department stores and hypermarkets, oil, gas and 

mining companies, pipeline manufacturers (and related industries), dredging companies, operators of – and manufacturers of parts for – nuclear and thermal power plants, water and electricity suppliers, pharmaceutical and chemical companies, providers of medical services, automobile manufacturers and manufacturers of parts for the automobile industry, distributors and manufacturers of various kinds of goods and equipments, fashion merchants and retailers, suppliers of precious metals, owners and retailers of luxury brands, food suppliers, breweries, manufacturers of military supplies and satellites, airlines and railways, GDS’ operators, banks and investment companies, hotel management corporations and casinos, insurance and reinsurance companies.

He is a member of the panel of arbitrators of, or receives appointments as arbitrator by, the International Chamber of Commerce (ICC, Paris), the London Court of International Arbitration (LCIA), ICSID, the American Arbitration Association (AAA), the Stockholm Chamber of Commerce, the Russian Arbitration Association, SIAC (Singapore), TRAC (Teheran), HKIAC (Hong Kong), DIAC (Dubai), CIETAC (Beijing), BAC (Beijing), HIAC (Hainan), the Japan Commercial Arbitration Association, KLRCA (Kuala Lumpur), KCAB (Seoul), the BVI International Arbitration Center, the Permanent Court of International Arbitration (PCA, The Hague; also on the PCA specialized panel of arbitrators for disputes relating to outer space activities), WIPO (Geneva), Cepani (Belgium), the Nederlands Arbitrage Instituut (NAI), the Swiss Chambers of Commerce, the Pacific International Arbitration Centre (PIAC), VCCA (Vilnius), the Lima Centro de Arbitraje,the Danish Institute of Arbitration, the Cairo Center of Arbitration, the French Arbitration Association and the French-German Chamber of Commerce (Paris), IATA (Geneva), the Court of Arbitration for Sport (CAS, Lausanne).

Mr Hanotiau has a PhD from Louvain University and an LLM from Columbia University (1973). He is a member of the ICCA Advisory Board and of the Council of the ICC Institute and a member of the ICC International Arbitration Commission. He is a member of the Court of Arbitration of the Singapore International Arbitration Center (SIAC), of the International Advisory Board of the Seoul IDRC, as well as a member of the International Court of Arbitration of the Istanbul Arbitration Center and of the Hong Kong International Arbitration Centre International Advisory Board (HKIAC).

He is the author of Complex Arbitrations: Multi-party, Multi-contract & Multi-issue, Kluwer, The Hague, 2006, second edition 2020 and of more than 120 articles, most of them relating to international commercial law and arbitration, and he frequently lectures on this topic.

In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award. In April 2016, he also received the Who’s Who Legal “Lawyer of the Year” for Arbitration award.


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