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Articles for the keyword(s) "Enforcement jurisdiction"

"The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation"

Campbell McLachlan, 1998

This article presents a detailed and comprehensive analysis of the development of English jurisprudence regarding disclosure orders to trace the proceeds of fraud across international jurisdictional boundaries. Against this background the author critically examines the decisions handed down by the New Zealand Court of Appeal, as well as the Judicial Committee of the Privy Council, in the Winebox inquiry case, pointing out that the real issue was one of conflicting (national) disclosure obligations and not the privilege against self-incrimination. The author sets out five propositions that are crucial to the development of transnational solutions to the problem of conflicting (national) demands re disclosure and secrecy, focusing on the distinction between original and enforcement jurisdiction and the implications thereof, as well as the position of third parties and the location of the relevant information.

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"International Litigation and the Reworking of the Conflict of Laws"

Campbell McLachlan, 2004

This article focuses on the growth in international commercial litigation in the English courts over a period of 25 years and the emphasis this has placed on the process of litigation. The author examines the impact of this on choice of law and the broader discipline of private international law.

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"The enforcement of foreign maintenance orders: what role for the common law?"

Jack Wass, 2017

The author considers the Court of Appeal’s judgment in Eilenberg v Gutierrez [2017] NZCA 270, [2017] NZFLR 471 on the enforcement of maintenance orders.