What is the concept of mareva injunctions and how can it be used in international litigation?

Mareva injunctions (or Mareva orders) are a legal remedy used by courts in civil claims. In international litigation cases, it is used to prevent a defendant from disposing of or concealing assets before a judgment is passed in the case. This type of injunction order is designed to ensure that a defendant does not evade the court’s judgment by hiding or transferring away their assets in another jurisdiction. It is also used to prevent a defendant from dissipating or diminishing their assets. Mareva injunctions can be used to freeze a defendant’s assets within California or overseas. A Mareva injunction can also be sought from the court in two ways: pre-action (before a case is commenced) or post-action (after a case has been filed). In pre-action circumstances, the plaintiff must demonstrate to the court that there is a real risk of the defendant trying to hide, transfer, or dissipate their assets. In post-action circumstances, the court will usually issue a Mareva injunction without further proof from the plaintiff. In both cases, the court will set clear and specific conditions for the injunction. These conditions may include not allowing the defendant to sell, transfer, gift, or mortgage any of their assets. The defendant must also disclose relevant information about all of their assets in their possession, as well as those owned by related parties. Lastly, the court may also order the defendant to provide a list of all their liabilities to ensure that they do not hide debts.

Related FAQs

What is the concept of mareva injunctions and how can it be used in international litigation?

Related FAQs

Related Blog Posts