In this article, the author advocates for the routine enforcement of jurisdiction clauses based on the fundamental principles of respect for party autonomy and freedom of contract. The author criticises the courts’ current approach to the categorisation of jurisdiction clauses under the labels of exclusive and non-exclusive and suggests an alternative, more nuanced approach. Further criticism is focused on the courts’ failure to apply consistent tests in deciding whether or not to exercise jurisdiction. The Trans-Tasman Treaty is commended for its insistence on stricter enforcement of jurisdiction clauses however the author argues that there is scope to go further. In this context the author compares the Hague Convention on Choice of Court Agreements and the Trans-Tasman Treaty.
- Michelle Ong
- Published in
- Auckland University Law Review