Third-party assets controlled (de facto or de jure) by the respondent are ordinarily outside the scope of a freezing injunction unless exceptional circumstances can be established. By Oliver E. Browne and George Schurr In the recent case of FM Capital Partners Ltd v Frédéric Marino, Aurélien Bessot, Yoshiki Ohmura, and Marit Sjovaag [2018] EWHC 2889 … Continue Reading
By Daniel Harrison The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started foreign court proceedings despite an arbitration agreement. This judgment emphasises the English courts’ desire to uphold and protect arbitration agreements … Continue Reading
By Simon Bushell and Robert Price Case: JSC BTA Bank v Ablyazov [2015] UKSC 64 Introduction A freezing order is an interim injunction that prevents a party to litigation from dealing with their assets until judgment (and on occasion, after judgment). Its purpose is to prevent a losing party from dissipating their assets and frustrating … Continue Reading
