Freezing injunctions and attachment orders compared – key similarities and differences
May 07, 2025
Freezing injunctions and attachment orders compared – key similarities and differencesMay 07, 2025 Whether known as "freezing injunctions/orders" (England & Wales, Hong Kong, Singapore), "pre-judgment attachments" (New York), "seizures" (Germany) or "arrestment orders" (Scotland), most jurisdictions around the world provide for a legal remedy to guard, so far as possible, against the Respondent dealing with or disposing of their assets in a way that would frustrate enforcement of a future or existing judgment. These orders fall into two broad categories. The first is attachment orders, the predominant form of the remedy in civil jurisdictions, as well as certain common law jurisdictions, such as Scotland and the US. The second is the "Mareva-style" freezing injunctions, originally a creature of the English common law,[1] but now also available in many other common law jurisdictions such as the Abu Dhabi Global Market, Australia, Canada, Dubai International Finance Centre, Ireland, Hong Kong, New Zealand, and Singapore. Further to the recent publication of our Global Guide to Freezing Orders (click here) – which provides a practical overview of freezing injunctions and their local law equivalents in more than 90 jurisdictions worldwide – we set out below some of the common similarities and differences between these two types of orders (albeit there are exceptions, which are detailed in the Guide). Common similarities:
Common differences:
For further details on particular jurisdictions, please see our Global Freezing Order Guide (click here). [1] Mareva Compania Naviera SA v International Bulk Carriers SA (The Mareva) [1980] 1 All E.R. 213. Latest Insights
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