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6 - Reform Proposals

Published online by Cambridge University Press:  20 October 2022

Filip Šaranović
Affiliation:
Centre for Commercial Law Studies, Queen Mary University of London
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Summary

This chapter considers the following two questions about the future of freezing injunctions. First, what changes should be made to the jurisdictional preconditions of freezing injunctions in order to effectively fulfil the international function of the rules of jurisdiction? Second, by what means and on what basis should we allocate regulatory authority in this field? A ‘bold proposal’ for an international agreement is considered. While that would be the ideal solution in this field, some modest solutions are then proposed. Modest solutions rely on the implementation of changes only at the domestic level. The counter-arguments to the proposals based on functional theories of jurisdiction are also considered. The functional theories are heavily dependent on the principle of territoriality. The role of the doctrine of forum non conveniens is discussed in the context of modest proposals.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Reform Proposals
  • Filip Šaranović
  • Book: Freezing Injunctions in Private International Law
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051736.006
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  • Reform Proposals
  • Filip Šaranović
  • Book: Freezing Injunctions in Private International Law
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051736.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reform Proposals
  • Filip Šaranović
  • Book: Freezing Injunctions in Private International Law
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051736.006
Available formats
×