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 Saranovic
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.
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