Freezing Injunctions in Private International Law
Seiten
2022
Cambridge University Press (Verlag)
978-1-316-51190-9 (ISBN)
Cambridge University Press (Verlag)
978-1-316-51190-9 (ISBN)
The book focuses on a topic which is of historical and economic, and not merely practical, importance in English law. One of the unique features is its equal appeal to both English lawyers and international lawyers, whether they are working on purely domestic cases or those involving foreign parties.
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.
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.
Filip Šaranović is Senior Lecturer in Shipping Law at the Centre for Commercial Law Studies, Queen Mary University of London.
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.
| Erscheinungsdatum | 17.10.2022 |
|---|---|
| Zusatzinfo | Worked examples or Exercises |
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 157 x 235 mm |
| Gewicht | 560 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht | |
| ISBN-10 | 1-316-51190-1 / 1316511901 |
| ISBN-13 | 978-1-316-51190-9 / 9781316511909 |
| Zustand | Neuware |
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1. Halbband: §§ 433-480, CISG
Buch | Hardcover (2024)
C.H.Beck (Verlag)
CHF 166,60
