Open AccessUNCITRAL Receivables Convention: The Possibility for Trans-Tasman Harmonisation
Author(s) -
Malcolm McKin
Publication year - 2003
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v34i3.5770
Subject(s) - convention , context (archaeology) , law , political science , face (sociological concept) , law and economics , sociology , geography , social science , archaeology
This paper examines the UNCITRAL Convention on the Assignment of Receivables in International Trade as it affects New Zealand. The focus of the paper is on the potential effect of the Convention on New Zealand's relationship with Australia. The law in the two countries is very different especially since the passing of New Zealand's Personal Property Securities Act 1999, which is, the author concludes, highly compatible with the UNCITRAL Receivables Convention. The paper considers two sample transactions to illustrate the effects of the Convention in a trans-Tasman context. It concludes that where the Convention (if it enters into force in New Zealand and Australia) applies, there are relatively few complications. Where it does not apply, however, parties to trans-Tasman receivables transactions face complicated applicable law arguments and general uncertainty.