Mareva Injunctions

What is the main goal of Mareva?

Its goal is to maintain the "status quo," preventing the debtor from removing assets from the jurisdiction or dissipating them before a final judgment.

Is a UK order valid in Georgia?

Not automatically. It must be recognized and enforced by the Supreme Court of Georgia, which requires time and procedural steps.

What are the risks?

If you obtain such a sweeping restriction and later lose the case, the court may order you to compensate the defendant for damages caused by the freeze.

Is it expensive?

Yes, this is a complex and costly legal process, typically used in high-value commercial disputes.

Reading Time

3 min

Published

...

A Mareva Injunction is a specific English law term that has become established in global practice as the "nuclear weapon" of asset freezing. In Georgia, it translates to global freezing orders or asset freezing applicable to a debtor's worldwide assets. This tool is particularly important in international business disputes and arbitration when the debtor has assets not only in Georgia but also in other jurisdictions. Although Georgian courts do not issue direct "Mareva" orders (as it is a common law concept), using private international law and conventions, Georgian lawyers can achieve the legitimation of similar results or the enforcement of a foreign Mareva order in Georgia. Legal.ge offers high-class lawyers who work on cross-border disputes and know how to stop capital flight from the country.

What Does Mareva-Type Injunction Service Cover?

This service is designed for complex international disputes. It includes:

  • Coordinating International Freezing: Using a Georgian court order to freeze assets in foreign jurisdictions (and vice versa).
  • Worldwide Freezing Orders (WFO): Assisting in obtaining and enforcing orders that prohibit the debtor from reducing assets anywhere in the world.
  • Asset Disclosure Orders: Compelling the debtor through court to disclose the location of all their assets (a companion to Mareva).
  • Third-Party Blocks: Notifying banks and partners not to release the debtor's funds.
  • Urgent Response: 24/7 work to prevent asset concealment across different time zones.

Real-World Scenarios Where You Need This Service

For example, a UK court issued a Mareva Injunction against a Georgian businessman with assets in Tbilisi. The UK order is not automatically valid in Georgia. You need a Georgian lawyer to urgently apply to the Georgian court to recognize and enforce this order or impose a parallel Georgian freeze to prevent the businessman from selling assets. Another example: you are in international arbitration against a company trying to move money offshore. You need a global strategy to restrain assets.

Georgian Legal Framework

This area in Georgia is regulated by the "Law on Private International Law" and the "Civil Procedure Code" (interim measures). Tbilisi City Court and the Supreme Court have a practice of recognizing interim orders issued by foreign courts if they do not contradict public policy. This allows for achieving the Mareva effect.

The Process Step-by-Step

1. Analysis: Assessing the foreign order or international dispute prospect. 2. Adaptation: Tailoring the foreign request to Georgian legal standards. 3. Court: Filing an application in Georgian court (often under recognition and enforcement). 4. Enforcement: Informing Georgian banks and registries about restrictions.

Why Choose a Specialist on Legal.ge?

Mareva Injunction cases require deep knowledge of international law and coordination with foreign colleagues. On Legal.ge, you will find lawyers experienced in managing cross-border disputes who can act promptly on a global level.

Updated: ...

Specialists for this service

Loading...