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.

Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.

"Over 70% of cases in London's Commercial Court involve at least one foreign party. The availability of pre-judgment freezing injunctions is one the key attractions for foreign litigants in high-value, cross-border cases. This draconian form of relief, famously described as one of the nuclear weapons in the courts' armoury, is frequently invoked as a tactictal tool to put pressure on defendants. By challenging the long-established view that freezing injunctions operate in personam, the author demonstrates that their current scope does not strike a fair balance between the interests of the parties and creates a real risk of encroachment upon the jurisdiction of foreign courts. The requirements for obtaining a freezing injunction are examined in both domestic and international cases, starting with their historical foundations. The book identifies serious concerns about the claimant-friendly approach of the English courts with an emphasis on the application of private international law rules. The author proposes a range of reforms with the aim of strengthening the equality of the parties and eliminating interference with the sovereignty of foreign states"--

This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

Updated and refreshed version of this classic text for a new generation of students.

This book provides a solid, accurate, and helpful practical reference to those seeking interim relief orders, or fighting them, and to show how they can be flexible to protect legal rights and achieve a cost effective practical result in litigation and arbitration. Litigation and any other form of dispute resolution is redundant if the winning party cannot enforce its judgment or award, or cannot hold the position between the parties in the interim before a decision is made. The theory of who should win needs to give way to the practical, but often complicated, task of ensuring that all relevant evidence is before the decision-maker (judge or arbitrator) and that the potential fruits of a favourable decision are not dissipated to leave the winner without financial or practical recourse. This practitioner's guide enables you to protect your client's position in litigation or arbitration, and ensures that success in court is not hampered by destruction of evidence, or does not lead to an expensive hollow victory because no funds or assets are available.