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Articles for the keyword(s) "Express choice of law"

"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

In an overview of New Zealand Conflict of Laws, the authors briefly touch on the applicability of New Zealand legislation to contracts governed by foreign law, as well as the applicability of foreign statutes to contracts governed by New Zealand law.

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"Case Comment: Musashi Pty Ltd v Moore"

Gordon Anderson, 2002

This brief comment on Musashi Pty Ltd v Moore, Employment Court, 9 October 2001 (AC 43A/01) Judge Colgan, focuses on the undesirability of allowing choice of a foreign proper law, as well as a foreign forum, in an employment contract where the work is to be performed in New Zealand. The author proposes legislative intervention to remedy the situation.

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"Choice of Law in International Contracts – The Objective Proper Law Reconsidered"

Laurette Barnard, 1996

This article presents a detailed analysis of the way in which New Zealand courts determine the objective proper law of a contract in the absence of a choice by the parties. With reference to case law, the author argues that the current practice of determining such proper law on the basis of the “closest and most real connection” test does not translate into certainty and predictability and does not serve the goals of commercial convenience and business efficacy. The author proposes the development of a set of coherent presumptions, or rules subject to flexible exceptions, for each kind of contract.

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"Conflict of Laws"

RJ Paterson, 1992

In an overview of developments in Conflict of Laws (1990-1992), the author notes Apple Computer Inc v Apple Corps SA [1990] 2 NZLR 598, which confirms the rule that a contract, whether lawful in terms of the proper law of the contract or not, will be invalid in so far as performance is unlawful under the lex loci solutionis.

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"Legal Problems of New Zealand-Japanese Trade"

P Davis, 1969

This article is in two parts: the first provides a general outline of the Japanese legal system and the second part addresses the preliminary question of choice of law in contract before proceeding to particular aspects of a contract in New Zealand and Japanese law. In regard to party autonomy, New Zealand and Japanese law adopt a similar approach, but there is significant uncertainty and possible disparity in relation to the designation of the applicable law in the absence of an express choice of law by the parties.

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"The Concept of Characteristic Performance and the Proper Law Doctrine"

Nicky Richardson, 1989

This article discusses the concept of “characteristic performance” in relation to the Rome Convention on the Law applicable to Contractual Obligations 1980. The author explores the value of this concept with reference to Anglo-Common Law, and concludes that the concept of “characteristic performance” will do little to assist the court in determining the legal system that has the closest and most real connection with the contract.

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"Section 7 of the Matrimonial Property Act 1976: A Choice of Law Rule?"

CF Forsyth, 1976

The author highlights a number of issues in regard to s 7 of the Matrimonial Property Act 1976 as a “choice of law” rule, such as: the complexity of the section in respect of its limits of application, outside of which the common law rules apply, as well as the unqualified adoption and extension of the principle of mutability to all movable property. Problems surrounding express choice of law clauses in marriage settlements and alternatives to “matrimonial domicile” as a connecting factor are also addressed.

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"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1978

In an overview of New Zealand Conflict of Laws, the authors briefly touch on the applicability of New Zealand legislation to contracts governed by foreign law, as well as the applicability of foreign statutes to contracts governed by New Zealand law.

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"The Employment Relations Act and its effect on contracts governed by foreign law"

Maria Hook and Jack Wass, 2017

The authors analyse and critique the Court of Appeal's decision in New Zealand Basing Ltd v Brown [2016] NZCA 525, [2017] 2 NZLR 93. The issue in this case was whether New Zealand-based pilots could seek relief under the Employment Relations Act 2000 in relation to impending dismissal by their Hong Kong-based employer. The employment contracts were expressly governed by the law of Hong Kong.