Freezing Injunctions in Private International Law

£88.00

Freezing Injunctions in Private International Law

Law Public international law Private international law and conflict of laws

Author: Filip Saranovic

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Language: English

Published by: Cambridge University Press

Published on: 27th October 2022

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781009063166


Introduction

The extent of available pre-judgment asset preservation relief is widely regarded as a unique characteristic of English law and one of the key factors attracting international commercial litigation to the English courts.

Challenging Traditional Views

By taking a novel view of the theoretical foundations of a freezing injunction, this book challenges the long-established view that such an injunction is an in personam form of relief whose sole purpose is to prevent unscrupulous defendants from making themselves judgment-proof.

Historical and Comparative Perspectives

Dr Šaranović combines historical and comparative perspectives to identify several theoretical flaws in the court's jurisdiction to grant this popular form of interim relief.

Implications and Solutions

The book demonstrates that the current application of private international law rules in this field leads to inequality among litigants and illegitimate encroachment upon the sovereignty of foreign states. It proposes a range of possible solutions to alleviate concerns about the scope of freezing injunctions both in the domestic and international arena.

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