With the significant increase in recent times in international trade, questions of the conflict between the laws of New Zealand on a particular topic and those of another country, especially the country of residence of another party, arise.
There can be several factors in a commercial transaction which give rise to involvement of various legal jurisdictions. For example, a dispute may concern a contract between a Chilean company and a New Zealand company for shipping of New Zealand goods from New Zealand to Venezuela on a ship registered in Panama and insured with a company in England.
There are significant questions that arise as to which law, particularly where there is a conflict between sets of laws in different jurisdictions, will apply.
If there is litigation intended or commenced, then the first question is where can, and should, that be commenced. If that is in the New Zealand Courts, then there will be the question of how the legal issue where there are competing laws of different countries involved is to be determined, which rule of law is to be applied, how that is to be established and how any outcome is to be enforced.
Enforcement of judgments is another significant issue where a judgment is entered in a New Zealand Court but requires enforcement against assets overseas, or enforcement of overseas arbitral awards or judgments in New Zealand.
Some of our members have expertise in this area.
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