Abstrak

Kembali

In a second case brought by Apotex against the United States under the North American Free Trade Agreement (NAFTA) in the past three years, the Tribunal, albeit on a majority basis subject to a dissent, upheld the Respondent’s preliminary objections to jurisdiction. The Decision in Apotex Holdings Inc and Apotex Inc v The Government of the United States of America sheds further light on the application in international legal proceedings of the general principle of res judicata and indicates that tribunals are increasingly amenable to the application of the US common law principle of collateral estoppel in order to prevent attempts to ‘game’ the doctrine.