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ARTICLE · 09 JUNE 2023

Three Part Series: UK Freezing Orders Against A Foreign State, Part Three

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First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month, we return to the final part of our series...

United KingdomLitigation, Mediation & Arbitration

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month, we return to the final part of our series examining whether the English courts can issue a worldwide freezing order against a foreign state in support of efforts to enforce an arbitral award or foreign judgment.

In our previous updates, we covered the procedure in England to enforce arbitral awards and foreign judgments against foreign states (link), and whether the rules on state immunity from execution bar the grant of a freezing order against a state (link). Today's update addresses the principles that otherwise govern the grant of such orders (proceeding on the assumption that state immunity can be overcome). Much of this discussion will also be relevant to those interested in freezing orders against non-state entities.

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