Freezing Orders In International Commercial Litigation

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Freezing Orders in International Commercial Litigation

Author : James Spigelman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Freezing Orders in International Commercial Litigation by : James Spigelman

Download or read book Freezing Orders in International Commercial Litigation written by James Spigelman and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in the economy, in technology and in public policy, notably the easing of exchange controls, have transformed the ease and speed with which assets, particularly liquid assets and records, can be moved and hidden in fulfillment of acts of fraud and corruption. The development of freezing orders (Mareva orders) and search orders (Anton Pillar orders) by common law judges was a practical adaptation to this new challenge, drawing on similar concepts in the civil law. One application of these orders continues to cause difficulty: the extension of such orders beyond the territorial jurisdiction of the court requested to provide a remedy. This is one of a number of contexts in which cross border issues require new forms of judicial assistance and co-operation. This paper considers the difficulty that has arisen in the making of orders in aid of foreign judicial and arbitral proceedings with respect to assets within the jurisdiction. The paper describes the various ways in which major jurisdictions have addressed this issue, and concludes that an inherent power to make an order in aid of foreign proceedings should be recognised as a common law principle by reason of the significance of reciprocity in the international law of nations. This is one step in reducing the transaction costs that impede mutually beneficial exchange by international trade and investment.

International Commercial Litigation

Author : Stephen Cromie
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis International Commercial Litigation by : Stephen Cromie

Download or read book International Commercial Litigation written by Stephen Cromie and published by Butterworth-Heinemann. This book was released on 1990 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Finding, Freezing and Attaching Assets

Author : Jacob C. Jørgensen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167420
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Finding, Freezing and Attaching Assets by : Jacob C. Jørgensen

Download or read book Finding, Freezing and Attaching Assets written by Jacob C. Jørgensen and published by Kluwer Law International B.V.. This book was released on 2016-03-21 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of the rise in cross-border disputes – and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers – parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants’ assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: • investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; • locating offshore trusts; • discovering assets transferred to a family member or corporate entity; • exposing sham investments designed to generate a (fictitious) loss of assets; and • invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'

Freezing Injunctions in Private International Law

Author : Filip Šaranović
Publisher : Cambridge University Press
ISBN 13 : 1009063162
Total Pages : 277 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Freezing Injunctions in Private International Law by : Filip Šaranović

Download or read book Freezing Injunctions in Private International Law written by Filip Šaranović and published by Cambridge University Press. This book was released on 2022-10-27 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Commercial Litigation

Author : Trevor C. Hartley
Publisher : Cambridge University Press
ISBN 13 : 113948074X
Total Pages : 963 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Commercial Litigation by : Trevor C. Hartley

Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.

A Cross Border Study of Freezing Orders and Provisional Measures

Author : Tibor Tajti
Publisher : Springer
ISBN 13 : 3319943499
Total Pages : 100 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis A Cross Border Study of Freezing Orders and Provisional Measures by : Tibor Tajti

Download or read book A Cross Border Study of Freezing Orders and Provisional Measures written by Tibor Tajti and published by Springer. This book was released on 2018-06-16 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Practice and Procedure of the Commercial Court

Author : Anthony Colman
Publisher : Taylor & Francis
ISBN 13 : 1000340570
Total Pages : 368 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Practice and Procedure of the Commercial Court by : Anthony Colman

Download or read book The Practice and Procedure of the Commercial Court written by Anthony Colman and published by Taylor & Francis. This book was released on 2020-11-25 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practice and Procedures of the Commercial Court is primarily intended as a reference for those who practice in the Court, it also sets those practices and procedures in context, including the Commercial Court’s history. It includes the principles and procedure for obtaining and discharging freezing injunctions and the procedures for The Court’s supervisory jurisdiction over arbitrations as well.

Commercial Litigation in Anglophone Africa

Author : Andrew J Moran
Publisher :
ISBN 13 : 9781485150435
Total Pages : 0 pages
Book Rating : 4.1/5 (54 download)

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Book Synopsis Commercial Litigation in Anglophone Africa by : Andrew J Moran

Download or read book Commercial Litigation in Anglophone Africa written by Andrew J Moran and published by . This book was released on 2022-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Litigation in Anglophone Africa details the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered (Botswana, Gambia, Ghana, Eswatini, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Tanzania, Uganda, Zambia and Zimbabwe). The authors identify and provide a refined explanation of the law to be applied as it relates to: (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies, in each of the sixteen jurisdictions addressed. The authors have also provided comprehensive coverage of the potential availability of an anti-suit injunction (in common law jurisdictions) or anti-suit interdict (in Roman-Dutch law jurisdictions). Content Consideration of the various ways in which a court can assume jurisdiction over a business dispute in common law jurisdictions (Gambia, Ghana, Kenya, Liberia, Malawi, Nigeria, Sierra Leone, Tanzania, Uganda and Zambia) and Roman-Dutch law jurisdictions (Botswana, Eswatini, Lesotho, Namibia, South Africa and Zimbabwe); Discussion of the potential benefits and difficulties which commercial litigants will experience in legal systems where jurisdiction is based entirely on service of process and in legal systems where jurisdiction is based on attachment of the defendant's person or property. In this respect, in particular, the second edition details the further entrenchment of the principle of forum non conveniens into the civil law of jurisdiction in the Republic of South Africa; An examination of the circumstances in which a court, once seised of jurisdiction over a business dispute, may, on the application of one of the parties, decline jurisdiction in deference to another jurisdiction; A detailed appraisal of the various mechanisms, both statutory and non-statutory, which are available to litigants seeking to enforce or prevent the enforcement of a foreign judgment in the jurisdictions covered; and Consideration of the various interim/interlocutory remedies available to commercial litigants in each of the jurisdictions addressed. Specifically, the work concentrates on the principles which govern, inter alia: asset freezing (and asset disclosure) orders; search and seize orders; third-party disclosure orders; anti-suit injunctions / interdicts, res litigiosa orders.

International Commercial Litigation

Author :
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Commercial Litigation by :

Download or read book International Commercial Litigation written by and published by . This book was released on 1998 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Litigation

Author : Richard Fentiman
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 840 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Commercial Litigation by : Richard Fentiman

Download or read book International Commercial Litigation written by Richard Fentiman and published by Oxford University Press, USA. This book was released on 2010-02-18 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: Commercial law practitioners, particularly those with a cross-border practice; academics and scholars of the conflict of laws; postgraduate/advanced students of the subject; legal reference libraries

Employment and Commercial Disputes: The International Aspects

Author : Paul Nicholls, KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1526515792
Total Pages : 596 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Employment and Commercial Disputes: The International Aspects by : Paul Nicholls, KC

Download or read book Employment and Commercial Disputes: The International Aspects written by Paul Nicholls, KC and published by Bloomsbury Publishing. This book was released on 2020-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

International Business Litigation & Arbitration

Author :
Publisher :
ISBN 13 :
Total Pages : 1142 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Business Litigation & Arbitration by :

Download or read book International Business Litigation & Arbitration written by and published by . This book was released on 2000 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt:

GLOBAL LEGAL INSIGHTS

Author :
Publisher :
ISBN 13 : 9781839182884
Total Pages : 0 pages
Book Rating : 4.1/5 (828 download)

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Book Synopsis GLOBAL LEGAL INSIGHTS by :

Download or read book GLOBAL LEGAL INSIGHTS written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Freezing Order

Author : Bill Browder
Publisher : Simon and Schuster
ISBN 13 : 1982153288
Total Pages : 336 pages
Book Rating : 4.9/5 (821 download)

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Book Synopsis Freezing Order by : Bill Browder

Download or read book Freezing Order written by Bill Browder and published by Simon and Schuster. This book was released on 2022-04-12 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: At once a financial caper, an international adventure, and a passionate plea for justice, Freezing Order is a stirring morality tale about how one man can take on one of the most dangerous and ruthless villains in the world.

Employment and Commercial Disputes: The International Aspects

Author : Paul Nicholls Nicholls QC
Publisher : Bloomsbury Professional
ISBN 13 : 9781526515803
Total Pages : 408 pages
Book Rating : 4.5/5 (158 download)

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Book Synopsis Employment and Commercial Disputes: The International Aspects by : Paul Nicholls Nicholls QC

Download or read book Employment and Commercial Disputes: The International Aspects written by Paul Nicholls Nicholls QC and published by Bloomsbury Professional. This book was released on 2021-01-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

International Commercial Litigation

Author : John Fellas
Publisher :
ISBN 13 : 9780872245761
Total Pages : 432 pages
Book Rating : 4.2/5 (457 download)

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Book Synopsis International Commercial Litigation by : John Fellas

Download or read book International Commercial Litigation written by John Fellas and published by . This book was released on 1999-01-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Litigation

Author : Trevor C. Hartley
Publisher : Cambridge University Press
ISBN 13 : 1316368734
Total Pages : 975 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis International Commercial Litigation by : Trevor C. Hartley

Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2015-07-02 with total page 975 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.