Definition : Authority of a final judgement (authority of res judicata)

Authority granted to a judgment or arbitral award that prohibits the latters from being called into question when it decides the subject matter of the litigation. For the authority of a final judgement to applies, the court must have jurisdiction, the judgment must be final and the judgment must be given in contentious matters. To these three conditions is added the condition of three identities, namely: when the claim is based on the same cause and opposes the same parties, acting in the same qualities, and the thing requested is the same. Authority of a final judgement takes place only in respect of what was the subject of the judgment or arbitral award. It is an argument for a party to argue that a case should not be heard by a Tribunal or arbitrator.