19.09.2019

New Era for International Dispute Resolution?

A common issue for New Zealand companies engaging in international trade and dealing with foreign counterparties is how and where to resolve disputes and ensuring payment is received when the dispute is successfully resolved.  Parties in cross-border disputes who obtain judgments against the other are often put to the extra time and expense of enforcing the judgment in another jurisdiction in order to recover any judgment sum awarded. 

New Zealand companies will usually want New Zealand law and jurisdiction to apply to their commercial agreements, but even if a New Zealand judgment against a foreign counterparty is obtained, they may still have to issue enforcement proceedings in the foreign jurisdiction in which the counterparty is located.  Often such proceedings can be difficult to conclude successfully.

In July and August 2019, two new international conventions were adopted by international organisations to address these issues.  The Hague Convention on the Recognition of Foreign Judgments in Civil and Commercial Matters (Judgments Convention) and the UN Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation) seek to implement a universal regime for the recognition and enforcement of foreign judgments and mediated settlement agreements, replicating the success of the 1958 New York Convention on the enforcement of arbitration awards.  Please click through to read the entire article.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry_100x100 1
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

4 million reasons for a tailored Shareholders’ Agreement: Dold v Murphy
The Court of Appeal’s recent decision in Dold v Murphy highlights the importance of having an appropriate Shareholders’ Agreement in place.
21.10.2020 Posted in Business Advice & Company Law
Things to know before starting a lending business in New Zealand
Things to know before starting a lending business in New Zealand
09.10.2020 Posted in Corporate & Commercial law
Hesketh Henry announces new managing partner
We are very pleased to announce the appointment of Christina Bryant as our new managing partner.
09.10.2020
Supreme Court forecast – storms ahead for directors
On 24 September 2020, the Supreme Court released its long-awaited decision in the case of Debut Homes Ltd (In Liquidation) v Cooper [2020] NZSC 100.
Is this Organic? Proposed Regulation of Organic Product Claims
The Organic Products Bill, which is currently at the Select Committee stage, proposes to introduce a regime to regulate claims made by businesses that products are organic (known as making an “organ...
06.10.2020 Posted in Business Advice
Government calls time on Dodds litigation
Southern Response Earthquake Services Limited v Dodds [2020] NZCA 395
Privacy Act 2020: new obligations to report privacy breaches
The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 
25.09.2020 Posted in Business Advice & Employment Law & Regulatory
Send us an enquiry
For expert legal advice, please complete the form below or call us on (09) 375 8700.
  • This field is for validation purposes and should be left unchanged.
-->