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"Injunctions and Overseas Arbitration"

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

Tim Smith
Published in
New Zealand Law Journal

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