Mortensen, Reid (2002) Comity and jurisdictional restraint in Vanuatu. Revue Juridique Polynesienne, 8 . pp. 95-117.
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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.
|Item Type:||Article (Commonwealth Reporting Category C)|
|Additional Information:||Permanent restricted access to paper due to publisher copyright restrictions. 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|
|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 > 180116 International Law (excl. International Trade Law)|
|Subjects:||390000 Law, Justice and Law Enforcement > 390100 Law > 390111 International Law|
|Socio-Economic Objective (SEO2008):||UNSPECIFIED|
|Deposited On:||30 Mar 2009 14:25|
|Last Modified:||25 Jan 2010 15:50|
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