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ARTICLE · 15 DECEMBER 2022

Malaysian Civil Litigation Series

In our previous edition, we have looked into the commencement of a legal suit. However, they may be instances where drastic measures need to be taken in order to protect a party's rights...

MalaysiaLitigation, Mediation & Arbitration

1. Introduction

In our previous edition, we have looked into the commencement of a legal suit. However, they may be instances where drastic measures need to be taken in order to protect a party's rights and sometimes there is not enough time to file in a writ and statement of claim. For this article, we shall explore one of the more well-known orders to freeze assets, which is the Mareva injunction.

2. What is a Mareva Injunction?

The Mareva injunction derives its name from the case of origin, which is Mareva Compania Naviera SA v International Bulkcarriers SA1 . This is a temporary order which blocks the defendant from disposing of his/ her assets until the determination of a case that he/she is involved in. Naturally, this order will be requested for by the plaintiff. In the local courts, it has been defined as a form of injunction which “restrains a defendant by himself or by his agents or servants or otherwise from removing from the jurisdiction or disposing

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