ABSTRACT
Seeking a declaration or a decision as to legal principle is often an extremely speedy and efficient way of unlocking a dispute under a construction contract. Proceedings for a declaration can only be brought if the dispute is within the jurisdiction of the court in a territorial sense. Further, courts may not have jurisdiction to declare foreign legislation or acts of state invalid but they may declare foreign judgments invalid. Older authorities indicate that declarations should only be granted as declarations of right: the jurisdiction of the court is not to declare the law generally or to give advisory opinions; it is confined to declaring contested legal rights. The existence of other forms of relief will not generally exclude the court's supervisory jurisdiction to grant declaratory relief although the existence of such relief may be taken into account when it exercises its discretion whether or not to grant declaratory relief.
