5 - Application of Jurisdictional Theories

Summary

This chapter undertakes analysis of the English case law concerned with the jurisdictional preconditions for freezing injunctions in support of English substantive proceedings and analyses the jurisdictional preconditions in support of foreign substantive proceedings. Then it discusses the international scope of Chabra injunctions (freezing injunctions against third parties against whom there is no cause of action). The chapter examines the consistency of the current framework with the international systemic perspective on the purpose of jurisdictional rules. This theoretical perspective requires a multilateral and horizontal approach to the existence of jurisdiction rather than the unilateral and vertical approach that exists under the rules of jurisdiction of English national law.