|
Showing 1 - 1 of
1 matches in All Departments
This book compares the law on provisional measures of common law
and civil law countries, the goal being to identify and compare
their main advantages and disadvantages. The guiding concept is a
well-known statement by the Justices of the US Supreme Court
expressed in the famous Grupo Mexicano case, according to which the
"age of slow-moving capital and comparatively immobile wealth" has
now passed, and the 21st century requires a fresh look at the law
of provisional measures. In the quest to find a model for interim
relief, the Mareva Injunction, subsequently renamed the 'Freezing
Order' in the English Civil Procedural Rules, is used as the
benchmark to which each of the targeted systems discussed here is
compared. This is because international scholarship, as well as
e.g. the US Supreme Court, generally consider the Mareva Injunction
to be the most effective and farthest-reaching provisional remedy.
The analysis suggests that the Mareva Injunction / Freezing Order
represents the type of relief that will most likely continue to
dominate as the most efficient and farthest-reaching interim
measure in the years to come.
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.