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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23063
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If a services contract is signed between a New Zealand

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If a services contract is signed between a New Zealand registered company and an overseas company, where the overseas company provides paid services (from overseas) to the New Zealand company, can the contract be subject to New Zealand law, or rather is it better for the New Zealand company? As such, if there is a dispute, can a New Zealand court be exclusively competent to rule on disputes arising out of or in connection with the contract? Thank you.
It can be subject to New Zealand law, but would depend on a careful analysis of the facts such as where the contract was signed, where the services were performed and the intention of the parties. There is often an argument on what is called forum conveniens to get a court to rule on this. The contract sometimes specifies the court but if silent then there can be be argument about this
Customer: replied 30 days ago.
Hi Chris and thank you for your reply. There is freedom in the contract from the NZ company to specify the jurisdiction, the court and the competent law. The contract will be signed in two locations, the NZ party will sign it in NZ and the other will sign it overseas, so the communication and papers will be sent electronically via email from NZ to overseas and back.This is the portion of the contract that allows the NZ company to mention their preferences, if that helps."This contract is subject to.......................law. The ordinary courts of from ……………… shall be exclusively competent to rule on disputes arising out of or in connection with this contract; ………….. shall be the place of jurisdiction."
You can choose a court in New Zealand and this will be binding on both parties
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Customer: replied 30 days ago.
Thank you very much, Chris!