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The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief
In Kea Investments Ltd v Wikeley [2026] NZSC 97, the New Zealand Supreme Court recently delivered its reasons for reinstating world-wide anti-enforcement orders in relation to a fraudulently obtained default judgment from Kentucky. The judgment, given by Kós J, contains a useful analysis of the principles on anti-suit and anti-enforcement injunctions and offers guidance on the interrelationship between fraud and comity.
The background to the case is set out in previous posts (here, here and here). In summary, Kea Investments Ltd (Kea), a British Virgin Islands company, alleged that the default judgment obtained by Wikeley Family Trustee Ltd (WFTL), a New Zealand company, was based on fabricated claims intended to defraud Kea. The New Zealand High Court found that the defendants had perpetrated a tortious conspiracy. The Court of Appeal upheld the findings of fraud but allowed an appeal against the grant of the injunction, concluding that an injunction could only be granted as a step of last resort, which required Kea to pursue its right of appeal against the Kentucky judgment.
It was not in issue before the Supreme Court that the claim in the Kentucky court formed part of a conspiracy to defraud Kea (at [102]). It was also not in issue that New Zealand was the proper jurisdiction to deal with the claim of fraud (at [102]). In these circumstances, the Court found that comity did not stand in the way of anti-enforcement relief.
Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law
from Marcel Vitor de Magalhães e Guerra
On 14 November 2025, the English High Court handed down its Stage 1 judgment in Município de Mariana and others v. BHP Group Plc and BHP Group Limited [2025] EWHC 3001 (TCC), finding the defendants liable — under Brazilian law — for the 2015 collapse of the Fundão tailings dam: over 600,000 claimants, an estimated £36 billion, the largest group litigation in English legal history. This post argues that Mariana exposes a functional interconnection between public and private international law at the stage of determining jurisdiction itself: although doctrinally distinct, the court’s application of a private international law rule required engaging questions of corporate organisation, adjudicatory legitimacy, and transnational responsibility that traditionally belong to public international law. Read more
Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments
This post was kindly prepared by Véronique Carole Ngono, Professor of Private Law (agrégée), University of Douala, Cameroon.
I. Introduction
The recognition and enforcement of foreign judgments in French-speaking sub-Saharan Africa has not been the subject of many studies. Although a few such studies do exist, this is in contrast to the field of conflict of laws and personal status law in particular. Consequently, the two rulings issued by the Supreme Court of Senegal on August 12, 2020, in connected disputes went practically unnoticed, even though they offer valuable insights into determining the jurisdiction of Senegalese courts in international disputes and the enforcement of foreign judgments.
The purpose of this note is therefore to shed light on the law and practice of conflict jurisdictions in Senegal.
News
European Group on the Digitalisation of Justice: Call for Expression of Interest
Susanne Gössl (Bonn), Frederick Rieländer (Bremen), and Benedikt Schmitz (Groningen) are happy to announce the creation of the European Group on the Digitalisation of Justice (EGDJ), a Chapter-based collaborative research network dedicated to analysing, evaluating, and shaping the ongoing digital transformation of judicial systems across Europe. It focuses on end-users, the judiciary as well as public administrations, and broader systematic changes.
Conference: Conflict of Laws in International Arbitration (Vienna, 30 Nov & 1 Dec)
This announcement has kindly been provided by Matthias Lehmann and Lukas Petschning (University of Vienna).
On 30 November and 1 December 2026, the University of Vienna (Section for Comparative, Uniform and Private International Law) will host a conference entitled „Conflict of Laws in International Arbitration“.
Call for Papers: Third Conflict of Laws Annual Workshop (CLAW3)
This announcement has kindly been shared with us by Roger Michalski (University of Oklahoma).
We are excited to announce that the Third Conflict of Laws Annual Workshop (CLAW3) will be hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026 with a welcome dinner the night before. The CLAW aims to provide a forum to discuss new work in conflict of laws. The CLAW welcomes work on all aspects of conflict of laws, including civil, criminal, domestic and transnational conflict of laws. We welcome all those writing and working in the field of conflict of laws to attend.