As an introduction to this issue it must first be mentioned that rules governing Argentine court procedures are passed locally by the legislature of each Argentine Province. Hence, they may vary from one Province to another.

Designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions.

Creditors may apply for interim orders (Einstweilige Verfügung) to obtain provisional relief. Such orders are to impede the frustration or delay of future enforcement proceedings, i.e., to secure a certain claim, be it of pecuniary or other nature.

According to Belgian civil procedural law, a distinction has to be made between conservatory attachments (bewarend beslag, saisie conservatoire/seizure for security) and attachments in execution
(uitvoerend beslag, saisie exécutoire/enforcement of judgments).

In the narrow sense of the word attachment is available to any person having a just cause of action at law against any person or persons absent from Bermuda but who has been in Bermuda by way of Writ of Attachment under the Attachment Act, 1874.

Brazilian law provides for specific actions with the purpose of preventing dispersion of debtor’s assets and securing satisfaction of a judgment yet to be rendered. These actions aim at assuring the result of another action and they are provisional in nature, since the final judgment of the main action replaces the provisional relief granted in the request for injunction.

Currently, the Code of Civil Procedure is being published in the Cambodian Official Gazette. This Code was adopted by the General Assembly and the Senate respectively on May 26, 2006 and June 23, 2006. It was promulgated by the King on July 06, 2006. According to the Article 587 of this Code, it shall be implemented in one year time after it has been promulgated.

Attachments and injunctions are treated separately in Chilean law depending on the kind of proceeding in which they have been ordered. In executive proceedings or Juicios Ejecutivos (i.e. proceedings aimed at attaching assets of a debtor in order to sell them in public auction and pay its debt with the proceeds thereof) attachments are of the essence...

Whenever in any proceedings to obtain an attachment under Part 7 of the Civil Procedure Law, Cap. 7, it is suggested by the garnishee that the debt or property sought to be attached belongs to some third
person, or that any third person has a lien or charge upon it, the Court or Judge may order such third person to appear and state the nature and particulars of his claim upon such debt or property.

According to Section 74 ff. of the Czech Civil Procedural Code “Obcansky soudni rad” (hereinafter “CCPO”) before or within a court procedure, the Plaintiff “zalobce” may demand the court to issue a preliminary injunction “predbezne opatrení.” The debtor can be obligated to fulfill one of many options: to give money or property in court custody, not to dispose with his property or rights, do something (facere), not do anything (omitere), or withhold (pati).

The judicial measures available for plaintiff to obtain provisional relief affecting property of debtors consist of Provisional attachment or seizure, the effect of the measure is that the debtor is prevented
from the use of his assets and the disposition of it.

The rules governing attachment are contained in the Danish Administration of Justice Act, which provides numerous formal rules concerning the hearing of different types of case by the Danish courts. Part 56 of the Administration of Justice Act provides rules that detail the conditions for the levying of attachment.

The major Egyptian laws that deal with this subject are: (1) Law No. 13 of 1968, as amended, promulgating the Civil and Commercial Procedure Law; (2) Law No. 308 of 1955, as amended, on administrative attachment that deals with administrative attachment; and (3) the Intellectual Property Law covering Copyright, Trademark, and Patent, all amalgamated in the Law No. 82 of 2002.

Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns.

In Finnish law, there are no general provisions on recognition and
enforcement, which would be generally applicable in respect of all
foreign judgments.

German law provides for attachment orders that can be used to freeze assets. A bank account, for example, can be frozen by way of an order which forbids the bank to effect any payments to die defendant. Moveable assets may be put in the custody of a bailiff.

In Ghana, when by any contract a prima facie case of liability is established, and there is alleged as a matter of defence a right to be relieved wholly or partially from such liability, the court or Judge may make an order for the preservation or interim custody of the subject matter of litigation, or may order that the amount in dispute be brought into court or otherwise secured.

The Greek Code of Civil Procedure (CCP) in its 5th Book contains provisions (articles 682-738) regulating the provisional judicial relief (security measures) in the context of which attachments may be obtained and these provisions are the sedes materiae of this subject.

Attachments are considered a procedural guarantee measure to secure the results of the procedures or judgments. Courts are empowered to decree any adequate measure to prevent transfer of debtor’s property to third parties. The freezing of property in place or placing it in the custody of a third party such as a court official, a bank or a person designated by the creditor, is perfectly feasible.

A relief affecting property of debtors, either attachment or provisional measures, are administrative tasks but not judicial actions. Therefore, such measures are under all normal circumstances conducted solely by the appropriate Magistrate but not the District Court.