Title: Issue Estoppel in International Commercial Arbitration and the Effect of Foreign Judgments on Enforcement Courts: Republic of India v Deutsche Telekom AG [2023] SGCA(I) 10

Author(s): Darren Low (View Profile)

Journal: Indian Review of International Arbitration

Source: www.iriarb.com


Abstract:
The Singaporean Court of Appeal, in its judgment in Republic of India v. Deutsche Telekom AG [2023] SGCA(I) 10 examined whether a foreign judgment on the validity of an arbitral award could raise an issue estoppel, highlighting significant practical and conceptual implications. The judgment also discusses the Primacy Principle, which dictates that enforcement courts should give precedence to seat court decisions. This article delves into the legal nuances and practical considerations arising from the Court's decision, the conditions under which issue estoppel arises, and the contentious nature of the Primacy Principle. It further analyses this case against the backdrop of differing approaches in international arbitration—the territorialist versus the delocalisation school of thought. It concludes with the impact of this case on issue estoppel in international commercial arbitration and its implications for the recognition and enforcement of foreign judgments.


Keywords: Arbitration, Issue Estoppel, Primacy Principle, Foreign Judgments, Recognition and Enforcement.


Cite this as: Darren Low, "Issue Estoppel in International Commercial Arbitration and the Effect of Foreign Judgements on Enforcement Courts: Republic of India v. Deutsche Telekom AG [2023] SGCA(I) 10" 4 IRIArb (2024).


*The views expressed are of author(s) only.

Read More