Foreign judgments: The limits of transnational issue estoppel, reciprocity, and transnational comity
Publication Type
Blog Post
Version
acceptedVersion
Publication Date
5-2021
Abstract
In Merck Sharp & Dohme Corp v Merck KGaA [2021] SGCA 14, a full bench of the Singapore Court of Appeal addressed the limits of transnational issue estoppel in Singapore law, and flagged possible fundamental changes to the common law on the recognition and enforcement of foreign judgments in Singapore. The litigation involves multiple parties spread over different jurisdictions. The specific facts involved in the appeal are fairly straightforward, centring on what has been decided in a judgment from the English court, and whether it could be used to raise issue estoppel on the interpretation of a particular term of the contract between the parties. The Court of Appeal affirmed the decision of the High Court that it could. What makes the case interesting are the wide-ranging observations on the operation of issue estoppel from foreign judgments, and more fundamentally on the basis of the recognition and enforcement of foreign judgments in the common law of Singapore.
Keywords
Foreign judgments, common law, courts, Singapore
Discipline
Asian Studies | Comparative and Foreign Law | Courts
Research Areas
Private Law
Publisher
Singapore Academy of Law
Citation
YEO, Tiong Min.
Foreign judgments: The limits of transnational issue estoppel, reciprocity, and transnational comity. (2021).
Available at: https://ink.library.smu.edu.sg/sol_research/3727
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://conflictoflaws.net/2021/foreign-judgments-the-limits-of-transnational-issue-estoppel-reciprocity-and-transnational-comity/