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"The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation"

This article presents a detailed and comprehensive analysis of the development of English jurisprudence regarding disclosure orders to trace the proceeds of fraud across international jurisdictional boundaries. Against this background the author critically examines the decisions handed down by the New Zealand Court of Appeal, as well as the Judicial Committee of the Privy Council, in the Winebox inquiry case, pointing out that the real issue was one of conflicting (national) disclosure obligations and not the privilege against self-incrimination. The author sets out five propositions that are crucial to the development of transnational solutions to the problem of conflicting (national) demands re disclosure and secrecy, focusing on the distinction between original and enforcement jurisdiction and the implications thereof, as well as the position of third parties and the location of the relevant information.

Campbell McLachlan
Published in
International and Comparative Law Quarterly

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