The development of the global economy has increased cross-border disputes, resulting in international efforts to harmonise both substantive and procedural laws.
While not all such disputes necessarily involve bringing substantive proceedings in a second jurisdiction, the procedural rules of that second jurisdiction will still be relevant to such matters as evidence gathering in support of foreign proceedings or service of foreign process.
Overseas counsel dealing with litigation implicating defendants or witnesses resident in New Zealand may be surprised to learn that New Zealand is not yet a party to the leading international conventions in these areas.
While there are other ways of achieving the steps which the conventions facilitate, in New Zealand these are found in a mixture of the common law and statute and therefore require the assistance of local counsel.
Our article, first published in IBA International Litigation News, gives more detail on these issues and also addresses the practical issues of obtaining interim relief in support of foreign process and the ways in which foreign judgments may be enforced in New Zealand.
Click here to read the article in full.
This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.