A Cross Border Study of Freezing Orders and Provisional MeasuresConclusions and Possible Ways Forward
A Cross Border Study of Freezing Orders and Provisional Measures: Conclusions and Possible Ways...
Tajti, Tibor; Iglikowski, Peter
2018-06-17 00:00:00
[This article has examined the provisional measures relating to freezing assets of two major common law jurisdictions and two important civil law systems. The authors were in particular guided by the cautionary words of the concurring and dissenting Justices of the US Supreme Court in the 1999 Grupo Mexicano case according to which the “age of slow-moving capital and comparatively immobile wealth” is bygone. This is a change that has inevitably increased the importance of provisional measures as well. While the validity of this train of thought might have been questioned in 1999, it could hardly be doubted anymore now close to the end of the second decade of the 21st century.]
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A Cross Border Study of Freezing Orders and Provisional MeasuresConclusions and Possible Ways Forward
[This article has examined the provisional measures relating to freezing assets of two major common law jurisdictions and two important civil law systems. The authors were in particular guided by the cautionary words of the concurring and dissenting Justices of the US Supreme Court in the 1999 Grupo Mexicano case according to which the “age of slow-moving capital and comparatively immobile wealth” is bygone. This is a change that has inevitably increased the importance of provisional measures as well. While the validity of this train of thought might have been questioned in 1999, it could hardly be doubted anymore now close to the end of the second decade of the 21st century.]
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