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Court of Appeal of the Republic of Singapore, 15 December 2023, Civil Appeal No 1 of 2023

(The Republic of India v. Deutsche Telekom AG)

15 - 12 - 2023

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)

Jurisdiction Singapore

Original full text Full text decision SINGAPORE 18

Excerpt Excerpt decision SINGAPORE 18

Summary

The Court of Appeal examined for the first time the issue of whether, under Singapore law, the doctrine of transnational issue estoppel – which prevents parties, in certain circumstances, from re-litigating points decided in set-aside proceedings before a court of the seat – applies in the context of international commercial arbitration. The majority of the Court held that is did.

See also SINGAPORE 17 on the merits of the enforcement application.

Related topics

516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"

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