Jurisdiction in Transnational Cases
[2004] New Zealand Law Journal 403-406
10 Pages Posted: 19 Mar 2015
Date Written: March 17, 2004
Abstract
A critical examination on New Zealand's High Court rules for service out of the jurisdiction.
In many international commercial disputes, jurisdiction and venue selection are crucial. Parties will frequently settle or retire wounded after an initial jurisdictional skirmish. Litigating about where to litigate is a growth industry. It is, therefore, vitally important that the basis for and the bounds of New Zealand’s jurisdiction are clear and certain, to ensure the integrity of New Zealand’s legal system and fairness to foreign parties, and to minimise transaction costs. However, as the case law in this area demonstrates, the rules relating to the extra-territorial jurisdiction of New Zealand courts are anything but clear or certain. In our view, this confusion stems from the unfortunate drafting of the relevant High Court Rules, and from an uncritical and sometimes inappropriate judicial adoption of English concepts and labels in this area.
Keywords: New Zealand, conflict of laws, private international law, service, jurisdiction, extra-territorial
JEL Classification: K1, K2, K20, K3, K33, K4, K41
Suggested Citation: Suggested Citation