Comity and jurisdictional restraint in Vanuatu

Mortensen, Reid (2002) Comity and jurisdictional restraint in Vanuatu. Revue Juridique Polynesienne, 8. pp. 95-117. ISSN 1772-1644

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Abstract

This article revisits Pacific Courts' treatment of two procedural tools for locating litigation in the best court: the doctrine of forum non conveniens and the anti-suit injunction. The recent reporting of the Vanuatu Court of Appeal's decision in Chan Wing (Vanuatu) Limited v Motis Pacific Lawyers shows that the court accepted orthodox principles for both procedures, representing an improvement in adjudication on the conduct of international litigation in the Pacific. Chan Wing also reveals a technique by which courts exercising the jurisdiction to grant anti-suit injunctions can unilaterally improve the enforceability of their own judgments in other countries. It is suggested that respect for international comity in Pacific Island adjudication has reached new heights in the principles stated in Chan Wing for the plea of forum non conveniens and the grant of anti-suit injunctions. However, it also seems that the Court of Appeal's efforts at enhancing the extraterritorial enforcement of its own judgments offends settled principles governing friendly and courteous relations between courts.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Open access journal. English title: Legal Polynesian Revue. New journal title: Comparative Law Journal of the Pacific. Paper can be accessed via Publisher's link: http://translate.google.com.au/translate?hl=en&sl=fr&u=http://www.upf.pf/IRIDIP/RJP/RJP.htm&ei=BUbQSdiKM47U7AP3tv3XAg&sa=X&oi=translate&resnum=1&ct=result&prev=/search%3Fq%3DRevue%2BJuridique%2BPolynesienne%26hl%3Den
Depositing User: Mrs Cynthia Douglass
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 30 Mar 2009 04:25
Last Modified: 19 Nov 2013 23:13
Uncontrolled Keywords: comity; jurisdictional retraint; Vanuatu; Chan Wing (Vanuatu) Limited v Motis Pacific Lawyers
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
18 Law and Legal Studies > 1801 Law > 180116 International Law (excl. International Trade Law)
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/5014

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