Freezing Injunctions in Private International Law

The book challenges the long-established views on the nature and scope of freezing injunctions in international commercial litigation and arbitration.

Filip Šaranovi? (Author)

9781316511909, Cambridge University Press

Hardback, published 27 October 2022

256 pages
23.5 x 15.7 x 2 cm, 0.56 kg

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

1. Introduction
2. Historical foundations of freezing injunctions
3. Theoretical foundations of freezing injunctions
4. Theoretical foundations of jurisdiction in private international law
5. Application of jurisdictional theories
6. Reform proposals
7. The relationship between freezing injunctions and other interim relief
8. Conclusions.

Subject Areas: Private international law & conflict of laws [LBG], Public international law [LBB], Law [L]