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"The Hague and the Ditch: The Trans-Tasman Judicial Area and the Choice of Court Convention"

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.

Author
Reid Mortensen
Published in
Journal of Private International Law
Year
2009
Volume
5
Issue
2
Pages
213-242

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