Freezing Injunctions in Private International Law

English law's pre-judgment asset preservation relief is widely regarded as a unique characteristic, but this book challenges the long-established view that it is an in personam form of relief. Dr. Šaranović proposes solutions to alleviate concerns about the scope of freezing injunctions and demonstrates that the current application of private international law rules leads to inequality and encroachment upon the sovereignty of foreign states.

Format: Hardback
Length: 256 pages
Publication date: 27 October 2022
Publisher: Cambridge University Press

The availability of pre-judgment asset preservation relief is widely recognized as a distinctive feature of English law, playing a significant role in attracting international commercial litigation to the English courts. This book takes a fresh approach to understanding the theoretical underpinnings of freezing injunctions, challenging the conventional notion that these injunctions are solely intended to prevent unscrupulous defendants from becoming judgment-proof. By integrating historical and comparative perspectives, Dr. Šaranović identifies several theoretical weaknesses in the court's jurisdiction to grant this widely sought-after form of interim relief. The book compellingly demonstrates that the current application of private international law rules in this domain leads to inequality among litigants and encroaches upon the sovereignty of foreign states. To address these concerns, the book offers a range of potential solutions aimed at refining the scope of freezing injunctions both domestically and internationally.

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.

Weight: 556g
Dimension: 158 x 237 x 23 (mm)
ISBN-13: 9781316511909