Freezing Assets & Obtaining Evidence Abroad Satisfies the need of holding the assets within the jurisdiction where the enforcement is sought It is usually done ex parte In England they only became possible after 1975, under Nippon Yusen Kaisha v. Karageorgis [1975] 1 WLR 1093 and Mareva Compania Naviera v. International Bulkcarriers [1980] 1 ALL […]

Forum Non Conveniens and Lis Penders Civil Law: acts when there is an actual conflict, usually by the doctrine of lis pendens (suit pending) – simplicity, but can lead to burdensome situations Common Law: acts before the actual conflict, by employing the doctrine of forum non conveniens, by determining which court is the most appropriate […]

Anti Suits Injunctions An anti-suit injunction is an order directed to a party not to commence or to cease to pursue court proceedings in a court, in breach of an agreement. They are meant to operate in personam, i.e. directed against the injunction defendant, but, in reality, these orders indirectly interfere with the competence of […]

Foreign Judgement (Reciprocal Enforcement) Act 1933

Convention on the Law applicable to contractual obligations