[COMPLIMENTARY] Report on the Framework and Margins of Transnational Issue Estoppel

The primary purpose of the doctrine of issue estoppel is to give final and binding effect to court determinations on issues arising from disputes between the same parties. Not uncommonly invoked in the context of purely domestic court proceedings, the doctrine serves in effect to avoid re-litigation of issues that would otherwise be wasteful of parties’ and court resources. Transnational issue estoppel takes the doctrine a step further by training the inquiry on the finality of foreign court determinations in local proceedings between the same parties, bringing with it a host of other considerations many may be less familiar with. The boundaries of the doctrine have also yet to be fully explored and delineated in case law. This report, in reference to a recent decision by the Singapore Court of Appeal, seeks to outline the framework and margins of transnational issue estoppel by highlighting seven key potential outer limits that one should consider when seeking to invoke the doctrine in an appropriate case.

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Report on the Framework and Margins of Transnational Issue Estoppel
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