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Freezing injunctions in private international law / Filip Šaranović, University of Southampton.

By: Šaranović, Filip, 1988- [author.].
Material type: TextTextPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022Description: pages cm.Content type: text Media type: unmediated Carrier type: volumeISBN: 9781316511909; 9781009054799.Subject(s): Conflict of laws -- Injunctions -- EnglandAdditional physical formats: Online version:: Freezing injunctions in private international lawDDC classification: 340.909 42
Contents:
Introduction -- Historical foundations of freezing injunctions -- Theoretical foundations of freezing injunctions -- Theoretical foundations of jurisdiction in private international law -- Application of jurisdictional theories -- Reform proposals -- The relationship between freezing injunctions and other interim relief -- Conclusions.
Summary: "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"-- Provided by publisher.
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Item type Current location Call number Status Date due Barcode Item holds
SPECIAL REFERENCE BOOK SPECIAL REFERENCE BOOK Damodaram Sanjivayya National Law University Library
340.909 (Browse shelf) Not for loan 22178
Total holds: 0

Based on author's thesis (doctoral - University of Cambridge, 2017) issued under title: Private international law aspects of freezing injunctions.

Includes bibliographical references and index.

Introduction -- Historical foundations of freezing injunctions -- Theoretical foundations of freezing injunctions -- Theoretical foundations of jurisdiction in private international law -- Application of jurisdictional theories -- Reform proposals -- The relationship between freezing injunctions and other interim relief -- Conclusions.

"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"-- Provided by publisher.

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