Worldwide freezing orders under English Law

Abstract

The effects of a worldwide freezing order go beyond the territorial jurisdiction of the court that grants it by restraining a party from disposing of or dealing with assets on a worldwide basis. These measures can prove very useful in an international litigation or arbitration proceeding. This type of relief is often granted in certain common law jurisdictions yet is unknown to most continental legal systems and its enforcement by local courts can pose certain challenges. The paper analyses this protec­tive measure under English law. In particular, it examines the origin and development of this injuction, the applicable principles, its extra-territorial effects and third party’s rights. Finally, the paper draws some conclusions as to the effectiveness of such relief.