Under the doctrine of transnational issue estoppel, a party in a domestic court is prevented from re-litigating the same issue that had been previously decided by a foreign court involving the same parties. This effectively means that the foreign judgment is recognised in Singapore, and has the effect of binding the parties before the domestic court. In a significant decision by a five-Judge Court of Appeal, with the assistance of amicus curiae Prof Yeo Tiong Min S.C., the Court of Appeal outlined the applicability and perimeters of transnational issue estoppel: Merck Sharp & Dohme Corp (formerly known as Merck & Co, Inc) v Merck KGaA (formerly known as E Merck) [2021] SGCA 14.
This update explores the relevant aspects of the Court of Appeal’s decision concerning, and the intricacies of, transnational issue estoppel.
If you would like information or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:
Melanie HO
Deputy Head – Specialist & Private Client Disputes
d +65 6416 8127
e melanie.ho@wongpartnership.com
Click here to see Melanie’s CV.
LAM Chung Nian
Head – Intellectual Property, Technology & Data Group
d +65 6416 8271
e chungnian.lam@wongpartnership.com
Click here to see Chung Nian’s CV.
CHANG Man Phing
Partner – Specialist & Private Client Disputes
d +65 6416 8105
e manphing.chang@wongpartnership.com
Click here to see Man Phing’s CV.
Alvin LIM
Partner – Specialist & Private Client Disputes
d +65 6416 6460
e alvin.lim@wongpartnership.com
Click here to see Alvin’s CV.