Courts Commons^™

Foreign Judgments: The Limits Of Transnational Issue Estoppel, Reciprocity, And Transnational Comity, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

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 …

A Rule-Based Solution To The Appellate Body Crisis And Why The Mpia Would Not Work, Henry Gao

Research Collection Yong Pung How School Of Law

Over the past three years, the United States have been persistently blocking the appointment of members to the WTO Appellate Body, citing various concerns with its alleged “failure to follow the agreed rules”. The US blockage has resulted in an unprecedented crisis of the WTO dispute settlement system, which finally led to the paralysis of the Appellate Body in December 2019 when its member was reduced to the last one.

Initially focusing on the minor procedural errors of specific Appellate Body members, the US criticisms on the Appellate Body has morphed into broader attacks on the substantive jurisprudence and judicial …

Blowing Hot And Cold In Litigation: Abuse Of Process, Election Or Approbation And Reprobation? Bwg V Bwf [2020] Sgca 36, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This note analyses the Singapore Court of Appeal’s decision in BWG v BWF which allowed the adoption of inconsistent positions across related court proceedings against different parties. The decision raises crucial questions on the limits to be imposed on a party’s freedom to pursue opposing rights in litigation, and how the doctrines of abuse of process, election by waiver, and approbation and reprobation should be applied. It is argued that the court’s application of the abuse of process doctrine obscured the central exercise of assessing all the relevant interests and circumstances. The differing rationales underlying the common law doctrine of …