Jurisdiction and freezing injunctions: a reassessment
Jurisdiction and freezing injunctions: a reassessment
The existing international scope of English freezing injunctions in support of foreign proceedings is excessively claimant-friendly and inconsistent with the need for a level playing field in litigation. The English courts must reconsider the current boundaries of relief by taking into account the international systemic perspective on the purpose of private international law rules. This theoretical perspective requires a multilateral and horizontal approach to the existence of jurisdiction rather than the unilateral and vertical approach that exists under the rules of jurisdiction of English national law. The traditional justifications for the availability of collateral freezing injunctions with respect to assets located abroad rest on a series of fundamental theoretical flaws. This paper proposes a range of reforms with the aim of strengthening the equality of the parties and eliminating encroachment on the sovereignty of foreign states.
Injunctions, Equitable remedies, jurisdiction, Private International Law, litigation
639-664
Saranovic, Filip
f0855209-3f37-42db-9ee0-9442e8b3cae1
July 2019
Saranovic, Filip
f0855209-3f37-42db-9ee0-9442e8b3cae1
Saranovic, Filip
(2019)
Jurisdiction and freezing injunctions: a reassessment.
International and Comparative Law Quarterly, 68 (3), .
(doi:10.1017/S0020589319000265).
Abstract
The existing international scope of English freezing injunctions in support of foreign proceedings is excessively claimant-friendly and inconsistent with the need for a level playing field in litigation. The English courts must reconsider the current boundaries of relief by taking into account the international systemic perspective on the purpose of private international law rules. This theoretical perspective requires a multilateral and horizontal approach to the existence of jurisdiction rather than the unilateral and vertical approach that exists under the rules of jurisdiction of English national law. The traditional justifications for the availability of collateral freezing injunctions with respect to assets located abroad rest on a series of fundamental theoretical flaws. This paper proposes a range of reforms with the aim of strengthening the equality of the parties and eliminating encroachment on the sovereignty of foreign states.
Text
Jurisdiction and Freezing Injunctions - A Reassessment - FS 2019
- Accepted Manuscript
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Accepted/In Press date: 3 June 2019
e-pub ahead of print date: 11 July 2019
Published date: July 2019
Keywords:
Injunctions, Equitable remedies, jurisdiction, Private International Law, litigation
Identifiers
Local EPrints ID: 431481
URI: http://eprints.soton.ac.uk/id/eprint/431481
ISSN: 0020-5893
PURE UUID: d2580e6f-9407-431e-bb8a-e4a3ba93bb21
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Date deposited: 05 Jun 2019 16:30
Last modified: 16 Mar 2024 02:08
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Author:
Filip Saranovic
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