Freezing injunctions in private international law / Filip Šaranović, University of Southampton.
By: Šaranović, Filip [author.].
Material type: TextPublisher: 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 42Item type | Current location | Call number | Status | Date due | Barcode | Item holds |
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SPECIAL REFERENCE BOOK | Damodaram Sanjivayya National Law University Library | 340.909 (Browse shelf) | Not for loan | 22178 |
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340.909 Preclassical conflict of laws / | 340.909 Private international law in Commonwealth Africa / | 340.909 Collier's conflict of laws / | 340.909 Freezing injunctions in private international law / | 340.909 41 Dicey,Morris & Collins : | 340.909 42 The conflict of laws / | 340.909 42 The conflict of laws / |
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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