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The Contours and Limits of Transnational Issue Estoppel – Merck Sharp & Dohme Corp v Merck KGaA [2021] 1 SLR 1102 [Case Comment]

Zhuo Jiaxiang and Kenny Lau

[2021] SAL Prac 22

Abstract:
The application of issue estoppel, regularly invoked in the Singapore courts, had hitherto not been distinguished based on whether the judgment giving rise to the estoppel emanated from a local or foreign court. In a recent decision, a five-man coram of the Court of Appeal comprehensively considered the contours and limits of transnational issue estoppel, and set out principles to guide the future application of such estoppel. The authors consider the significance and implications of this decision, which provides welcomed clarity but also gives rise to unresolved issues for determination in future cases.