Preclusion & ADR (Part XIV)

Question 1

Claim preclusion (res judicata) –

Answer 1

after a valid final judgment on the merits, sufficiently identical claims are barred between sufficiently identical parties.

Note: VA exceptions for personal injury and property damage claims, as well as mechanic’s liens.

Question 2

Issue preclusion (collateral estoppel) –

Answer 2

parties to a first action are precluded from re-litigating any issue of fact actually litigated and essential to a valid and final judgment.

Note: does not apply to a prior criminal prosecution.

Question 3

In Virginia, written arbitration agreements are

Answer 3

generally enforceable.

Question 4

An arbitration award may be vacated based upon

Answer 4

(i) fraud;
(ii) partiality by the arbitrator; or
(iii) the arbitrator exceeding her power.

Question 5

A court order compelling arbitration may be appealed

Answer 5

from the General District Court order compelling arbitration to the Circuit Court.