Recognition of Jurisdictional Determinations by Foreign Courts

Journal of Private International Law (Taylor & Francis) 2019

26 Pages Posted: 13 Jan 2022

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: 2019

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?

Suggested Citation

Garnett, Richard, Recognition of Jurisdictional Determinations by Foreign Courts (2019). Journal of Private International Law (Taylor & Francis) 2019, Available at SSRN: https://ssrn.com/abstract=3984137

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
14
Abstract Views
51
PlumX Metrics