Recognition of Jurisdictional Determinations by Foreign Courts

Abstract

Parties have occasionally sought to use findings on jurisdiction made by a court in one country to preclude re-litigation of the same matter elsewhere. In common law countries the traditional means by which this tactic has been employed is the doctrine of issue estoppel. The aim of this article is to assess the extent to which jurisdictional determinations by foreign courts can have binding effects in other countries.

This article is the accepted manuscript version of ‘Recognition of Jurisdictional Determinations by Foreign Courts’ (2019) 15 Journal of Private International Law 490-515, which can be found here: https://www.tandfonline.com/doi/abs/10.1080/17441048.2019.1679435.

Keywords: Issue Estoppel, Jurisdictional Findings in Court of Origin Binding in Recognition and Enforcement Cases?