Jurisdiction in Transnational Cases

[2004] New Zealand Law Journal 403-406

10 Pages Posted: 19 Mar 2015

See all articles by Paul Myburgh

Paul Myburgh

Auckland University of Technology Law School ; Centre for Maritime Law, NUS

Elsabe Schoeman

University of Pretoria

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

Myburgh, Paul and Schoeman, Elsabe, Jurisdiction in Transnational Cases (March 17, 2004). [2004] New Zealand Law Journal 403-406, Available at SSRN: https://ssrn.com/abstract=2579972

Paul Myburgh (Contact Author)

Auckland University of Technology Law School ( email )

Private Bag 92006
Auckland, 1142
New Zealand

HOME PAGE: http://academics.aut.ac.nz/paul.myburgh

Centre for Maritime Law, NUS ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Elsabe Schoeman

University of Pretoria ( email )

Lynnwood Road
Pretoria, 5100
South Africa

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
60
Abstract Views
433
Rank
643,430
PlumX Metrics