Freezing Injunctions in Private International Law
Author | : Filip Šaranović |
Publisher | : |
Total Pages | : |
Release | : 2022 |
ISBN-10 | : 1009054791 |
ISBN-13 | : 9781009054799 |
Rating | : 4/5 (91 Downloads) |
Download or read book Freezing Injunctions in Private International Law written by Filip Šaranović and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over 70% of cases in London's Commercial Court involve at least one foreign party. The availability of pre-judgment freezing injunctions is one the key attractions for foreign litigants in high-value, cross-border cases. This draconian form of relief, famously described as one of the nuclear weapons in the courts' armoury, is frequently invoked as a tactictal tool to put pressure on defendants. By challenging the long-established view that freezing injunctions operate in personam, the author demonstrates that their current scope does not strike a fair balance between the interests of the parties and creates a real risk of encroachment upon the jurisdiction of foreign courts. The requirements for obtaining a freezing injunction are examined in both domestic and international cases, starting with their historical foundations. The book identifies serious concerns about the claimant-friendly approach of the English courts with an emphasis on the application of private international law rules. The author proposes a range of reforms with the aim of strengthening the equality of the parties and eliminating interference with the sovereignty of foreign states"--