Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
Freezing the property in place or placing it in the custody of the court as appropriate for the type of property.
2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.
Specifically an order of attachment in enforcement of both judgments and arbitral awards.
3. What is the jurisdictional basis for an attachment? Is the presence of the debtor’s property a sufficient basis for an attachment to be obtained, assuming other requirements are satisfied? To what extent may attachments be used as a basis for obtaining personal jurisdiction over a debtor? To what extent are attachments or similar orders intended to have extraterritorial effect?
Presence of property, presence of the debtor served in the jurisdiction or with leave outside. Attachment may not be used as a basis for obtaining personal jurisdiction which does not already exist over the debtor.
4. May an attachment be obtained in support of a proceeding on the merits in another country? If so, may the other proceeding be in court, arbitration or in another type of forum? Are attachments used as a mechanism in enforcing judgments or arbitral awards?