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A Cross Border Study of Freezing Orders and Provisional Measures

Does Mareva Rule the Waves?

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  • © 2018

Overview

Authors:
  1. Tibor Tajti

    1. Department of Legal Studies, Central European University, Budapest, Hungary

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  2. Peter Iglikowski

    1. Paris Descartes University, Paris, France

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    You can also search for this author in PubMed   Google Scholar

  • Provides a comprehensive coverage on the comparative merits of the remedies available to attach assets in common law and civil jurisdiction
  • Demonstrates that the major legal systems are competing, especially with regard to provisional and ex parte measures
  • Written for comparative law academics and practitioners in international commerce

Part of the book series: SpringerBriefs in Law (BRIEFSLAW)

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xiii
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  2. Introduction

    • Tibor Tajti, Peter Iglikowski
    Pages 1-6

  3. Provisional Measures in France and the United Kingdom

    • Tibor Tajti, Peter Iglikowski
    Pages 7-41

  4. Provisional Measures in the United States

    • Tibor Tajti, Peter Iglikowski
    Pages 43-64

  5. Post-socialist Jurisdictions: Provisional Measures in Hungary

    • Tibor Tajti, Peter Iglikowski
    Pages 65-82

  6. The European Account Preservation Order: Nuclear Weapon or Paper Tiger?

    • Tibor Tajti, Peter Iglikowski
    Pages 83-86

  7. Conclusions and Possible Ways Forward

    • Tibor Tajti, Peter Iglikowski
    Pages 87-89
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Keywords

About this book

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.


Authors and Affiliations

  • Department of Legal Studies, Central European University, Budapest, Hungary

    Tibor Tajti

  • Paris Descartes University, Paris, France

    Peter Iglikowski

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