𝔖 Scriptorium
✦   LIBER   ✦

πŸ“

A Cross Border Study of Freezing Orders and Provisional Measures

✍ Scribed by Tibor Tajti, Peter Iglikowski


Publisher
Springer International Publishing
Year
2018
Tongue
English
Leaves
100
Series
SpringerBriefs in Law
Edition
1st ed.
Category
Library

⬇  Acquire This Volume

No coin nor oath required. For personal study only.

✦ Synopsis


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 β€œage 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 β€˜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.

✦ Table of Contents


Front Matter ....Pages i-xiii
Introduction (Tibor Tajti, Peter Iglikowski)....Pages 1-6
Provisional Measures in France and the United Kingdom (Tibor Tajti, Peter Iglikowski)....Pages 7-41
Provisional Measures in the United States (Tibor Tajti, Peter Iglikowski)....Pages 43-64
Post-socialist Jurisdictions: Provisional Measures in Hungary (Tibor Tajti, Peter Iglikowski)....Pages 65-82
The European Account Preservation Order: Nuclear Weapon or Paper Tiger? (Tibor Tajti, Peter Iglikowski)....Pages 83-86
Conclusions and Possible Ways Forward (Tibor Tajti, Peter Iglikowski)....Pages 87-89

✦ Subjects


Law; Private International Law, International & Foreign Law, Comparative Law; Business Law; European Law; International Economic Law, Trade Law


πŸ“œ SIMILAR VOLUMES


Bordering and Ordering the Twenty-first
✍ Gabriel Popescu πŸ“‚ Library πŸ“… 2011 πŸ› Rowman & Littlefield Publishers 🌐 English

<span><p><span>This timely book explores the central role that borders play in shaping the contemporary world. Building on a discussion of border thinking and making from antiquity to the present, Gabriel Popescu applies a critical eye to current border-making concepts, processes, and contexts. Thro

Intellectual Property Ordering beyond Bo
✍ Henning Grosse Ruse-Khan, Axel Metzger πŸ“‚ Library πŸ“… 2022 πŸ› Cambridge University Press 🌐 English

<span>During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate

The Romance of Crossing Borders: Studyin
✍ Neriko Musha Doerr, Hannah Davis TaΓ―eb πŸ“‚ Library πŸ“… 2017 πŸ› Berghahn Books 🌐 English

<p><br />What draws people to study abroad or volunteer in far-off communities? Often the answer is romance – the romance of landscapes, people, languages, the very sense of border-crossing – and longing for liberation, attraction to the unknown, yearning to make a difference. This volume explores t

The Romance of Crossing Borders: Studyin
✍ Neriko Musha Doerr (editor); Hannah Davis TaΓ―eb (editor) πŸ“‚ Library πŸ“… 2017 πŸ› Berghahn Books 🌐 English

<p> What draws people to study abroad or volunteer in far-off communities? Often the answer is romance – the romance of landscapes, people, languages, the very sense of border-crossing – and longing for liberation, attraction to the unknown, yearning to make a difference. This volume explores the c

Border Crossings: Translation Studies an
✍ Yves Gambier, Luc van Doorslaer, (Eds.) πŸ“‚ Library πŸ“… 2016 πŸ› John Benjamins 🌐 English

For decades, Translation Studies has been perceived not merely as a discipline but rather as an interdiscipline, a trans-disciplinary field operating across a number of boundaries. This has implied and still implies a considerable amount of interaction with other disciplines. There is often much mor