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.
Reid Mortensen, 2009
Following an analysis of the history and current context of the proposed Trans-Tasman regime (within the CER framework), this article explores the comparative value of the Hague Convention on Choice of Court Agreements for Australia and New Zealand. Although the Convention and the proposed Trans-Tasman regime are profoundly different, the author concludes that the adoption of the Convention would provide an opportunity for both countries to increase certainty in international trade and commercial relationships. More specifically, reference to the Convention would address the risk of lis pendens and incompatible judgments in the proposed Trans-Tasman regime.
Stephen Hunter, 2005
The author examines the impact of the decision of the European Court of Justice in Owusa v Jackson (C-281/02), rendering the doctrine of forum non conveniens incompatible with the mandatory nature of the Brussels Convention. This also affects non-EU jurisdictions, such as New Zealand, effectively ruling out any recourse to the doctrine in cases where at least one defendant is domiciled in an EU state, regardless of where the other defendants are domiciled.