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Articles for the keyword(s) "Arbitration"

"Conflict of Laws"

RJ Paterson, 1992

The author reviews significant Conflict of Laws cases from 1990 and 1992. The review focuses on the existence of jurisdiction, submission to jurisdiction and subject matter jurisdiction, as well as the relevance and application of forum non conveniens with reference to protest to jurisdiction, jurisdiction clauses, lis alibi pendens, service within New Zealand, and summary judgment proceedings, as well as family law proceedings and international child abduction cases. The author also covers the enforcement of foreign judgments at common law, as well as by statute.

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"Lex Mercatoria: Can General Principles of Law Govern International Commercial Contracts?"

Richard J Howarth, 2004

This article explores choice of law in international commercial contracts with reference to the Lex Mercatoria within the context of unification of international commercial law. The author presents a detailed survey of the origins of the Lex Mercatoria, contemporary arguments supporting its existence, recognition of the Lex Mercatoria in a number of international legal instruments and its modern applications. The uneasy relationship between the Lex Mercatoria and courts in civil code and common law jurisdictions, including New Zealand, is also examined.

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"Injunctions and Overseas Arbitration"

Tim Smith, 2013

Discovery Geo Corporation v STP Energy Pte Ltd [2012] NZHC 3549; [2013] 2 NZLR 122 is noted for the judgment’s discussion of the courts jurisdiction to grant ex parte preliminary orders in arbitration proceedings governed by the Arbitration Act 1996. Notably the judgment makes clear that while the Arbitration Act 1996 empowers courts to grant ex parte orders in support of foreign arbitrations it does not confer jurisdiction over a particular defendant. Jurisdiction over any foreign domiciled defendant must be established according to the High Court Rules. The author notes the potential hurdles such a position creates for a party seeking urgent interim measures in New Zealand against a foreign respondent in support of a foreign arbitration. By way of solution, the author states that applications for interim measures should be made in a timely way to allow for effective service and protest to jurisdiction under the High Court Rules. The author states that in cases of extreme urgency applications are best made in the jurisdiction to whic

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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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"Interim relief in support of foreign arbitrations and judicial proceedings"

Jack Wass, 2017

The author considers the High Court's powers to grant interim protective relief in aid of substantive proceedings, and argues that the Court has been wrong to hold that it may not consider such applications before it has determined a respondent's protest to jurisdiction.