11 Dec 2014
KUWAIT FINANCE HOUSE (BAHRAIN) BSC(c) v TEECE [2014] NZHC 3162
- Citation
- [2014] NZHC 3162
- Court
- High Court
The Chamber is not a court for the purpose of recognizing and enforcing foreign judgments in New Zealand. The statutory regime (Legislative Decree No 30/2009) and institutional features demonstrate the Chamber is a statutory ADR/tribunal with flexible constitution, party input, limited appeal/nullification, autonomous commercial governance and no direct enforcement power; KFH Bahrain therefore failed to establish the primary jurisdictional criterion for enforcement and summary judgment is dismissed.
- Recognition of foreign judgments
- Jurisdiction of foreign tribunal
- Natural justice
- Public policy
- Summary judgment
- Murabaha transactions