Yabancı Hakem Kararlarının Tenfizinde Estoppel Doktrininin Uygulanması: Singapur Örneği

An arbitral award is final and binding on the parties. The losing party can initiate setting aside proceedings before the courts in the country where the arbitral award was rendered. Also, enforcement proceedings can be initiated in the country where enforcement of the awards is requested. During both setting aside proceedings and enforcement proceedings, the same arbitral award will be subject almost identical control by the national courts. This situation delays the enforcement of the arbitral awards and leads to increased costs of the proceedings. Singapore law provides a different approach to this problem and concludes that the transnational issue estoppel can be applied in arbitration proceedings. In 2023 the appellant applied to the seat court in Switzerland to set aside the arbitral award. The seat court dismissed the setting aside application. Then enforcement of the arbitral award in Singapore came to the fore. In Singapore Law transnational issue estoppel will apply in context of arbitral awards proceedings and effects to prevent the parties to prior decision of the seat court, from re-litigation points that were previously raised and determined at the seat court. The decision of the Swiss Federal Supreme Court was given res judicata effect and the same application was not re-litigated (estopped) in …

Keywords: Foreign Arbitral Awards, Estoppel, Enforcement of Arbitral Award, Setting Aside Procedure, 1958 New York Convention, Multiple Control.…