Freezing Injunctions in Private International Law

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 historical, theoretical and comparative perspectives on asset preservation relief, enabling legal practitioners to find innovative solutions and arguments in response to the procedural obstacles under English law
• Draws upon and applies principles and cases from multiple areas of both national and international law including equity, civil procedure, conflict of laws, and maritime law, providing a comprehensive picture of the operation and scope of freezing injunctions in cross-border commercial litigation with sensitivity to the context of the underlying legal dispute
• Provides in-depth critical analysis of a wide range of case law from the English courts and proposes both radical and more modest solutions to the problems faced by litigants and the courts