- Res judicata/issue estoppel and negative declarations—to what extent are they impacted by foreign proceedings? (BNP v TRM)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The High Court was tasked with considering and determining a number of complex legal issues, along with contractual construction issues that existed between the parties. The court conducted detailed analysis into res judicata/issue estoppel and the extent to which arguments put forward during a jurisdictional challenge were said to estop a party from raising similar issues in a substantive merits dispute. In this respect, the judge found that, while it was not ultimately bound by the findings made by the courts, it was important for the court to bear in mind the analysis performed by the lower courts. In addition, the judge considered in detail the scope of the court’s power to issue negative declarations. She determined that such powers ought to be used with caution, especially when foreign proceedings are involved and such declarations are broad in nature. Written by Christopher Humby, of counsel at Quinn Emanuel Urquhart & Sullivan.
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