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"Conflicts over Conflicts"

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.

Author
Stephen Hunter
Published in
New Zealand Law Journal
Year
2005
Pages
391-392

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