Freezing Injunctions in Private International Law

Filip Šaranović

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Hardback

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English

Cambridge University Press
27 October 2022

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 Šaranović 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.

By: Filip Šaranović
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 235mm, Width: 157mm, Spine: 20mm
Weight: 560g
ISBN: 9781316511909
ISBN 10: 1316511901
Pages: 256
Publication Date: 27 October 2022
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

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.

Filip Šaranović is Senior Lecturer in Shipping Law at the Centre for Commercial Law Studies, Queen Mary University of London.