Governing law and jurisdiction clauses | Practical Law

Governing law and jurisdiction clauses | Practical Law

This note provides an overview of governing law and jurisdiction clauses in commercial contracts in the New Zealand context. It considers when a choice of law or jurisdiction may be effective and the factors that can override that choice (such as mandatory laws of the forum), the law and jurisdiction applicable where no choice is expressed in the contract, exclusive or non-exclusive jurisdiction clauses (including the effect of the Trans-Tasman Proceedings Act 2010), conflicting jurisdiction clauses in several related agreements, incorporation through standard terms and conditions and severability of jurisdiction clauses.

Governing law and jurisdiction clauses

Practical Law ANZ Practice Note w-018-4043 (Approx. 25 pages)

Governing law and jurisdiction clauses

by Practical Law New Zealand with Cath Shirley-Brown, Partner, Russell McVeagh
Law stated as at 14 Dec 2022New Zealand
This note provides an overview of governing law and jurisdiction clauses in commercial contracts in the New Zealand context. It considers when a choice of law or jurisdiction may be effective and the factors that can override that choice (such as mandatory laws of the forum), the law and jurisdiction applicable where no choice is expressed in the contract, exclusive or non-exclusive jurisdiction clauses (including the effect of the Trans-Tasman Proceedings Act 2010), conflicting jurisdiction clauses in several related agreements, incorporation through standard terms and conditions and severability of jurisdiction clauses.