Duty free forum shopping: disputing venue in the Pacific

Mortensen, Reid (2001) Duty free forum shopping: disputing venue in the Pacific. Victoria University of Wellington Law Review, 32 (3). pp. 673-704. ISSN 1171-042X

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Abstract

This article considers how the basic principles of forum non conveniens and the granting of anti-suit injunctions have been adopted and applied in some Pacific island courts. As developed in common law countries these procedural tools have incorporated principles restricting both plaintiffs' and defendants' choice of forum, and have imposed obligations on both parties that aim to ensure, as far as possible, a procedurally neutral setting for determining the litigation. It is argued that Fiji and Vanuatu decisions either ignore some of these obligations or misapply them so that the procedures do not serve as adequate restraints on local litigants' forum shopping strategies.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Authors retain copyright in their work published in the Victoria University of Wellington Law Review. Published version of this paper deposited in accordance with that copyright policy.
Depositing User: epEditor USQ
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 31 Jul 2009 01:47
Last Modified: 19 Nov 2013 22:50
Uncontrolled Keywords: forum non conveniens; anti-suit injunctions; Pacific; Fiji; Vanuatu
Fields of Research (FOR2008): 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics
18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
18 Law and Legal Studies > 1801 Law > 180117 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/5498

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