Cross-border injunctive and declaratory relief

There are a number of injunctive or declaratory reliefs available for proceedings involving cross-border disputes. These include freezing injunctions (including proprietary freezing injunctions), anti-suit injunctions, preservation orders, imaging orders and declarations/declaratory relief (including negative declarations and declarations that may impact foreign proceedings). For guidance, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners.

Freezing injunctions

A freezing injunction or order (formerly called a Mareva injunction, a term which may be seen in the older authorities) is an interim order which prevents the person subject to the order from dealing with or disposing of their assets in a way designed to prevent enforcement of an existing or potential future judgment. It will generally take effect in respect of all the respondent’s assets but it is also possible to seek an order which asserts a specific proprietary interest. This is known as a proprietary freezing injunction.

A freezing injunction:

•
maybe sought at any time
•
can be sought against a party to the proceedings or against a non-party in which case is it known as ‘Chabra jurisdiction’
•
is designed to simply prevent the dissipation

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