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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 39. | Recommendation 49 The mode of commencing an application for a Mareva injunction in aid of foreign proceedings or arbitrations, including possible initial ex parte applications, should be prescribed and provision made for the procedure thereafter to be followed. |
RHC Orders 29, 30 and 73 HCFR First Schedule N.B. HCO section 21L, new sections 21M and 21N; Arbitration Ordinance section 2GC and new section 49 also affected. See Item Nos. 3-6 of Annex C. |
Rules 91-93 | ||||
| 40. | Recommendation 50 The relevant provisions should state that such Mareva injunctions are entirely in the court's discretion and that in the exercise of that discretion, the court is to bear it in mind that its jurisdiction is only ancillary and intended to assist the processes of the court or arbitral tribunal which has primary jurisdiction. |
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| 41. | Recommendation 51 Provision should be made empowering the court to make such incidental orders as it considers necessary or desirable with a view to ensuring the effectiveness of any Mareva injunction granted, to the same extent that it is able to make such orders in relation to purely domestic Mareva injunctions. |
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