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    Italian torpedoes in the shadow of the recast Brussels Regulation 2012

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    Authors
    Nyombi, Chrispas
    Mortimer, Tom
    Lewis, Rhidian
    Affiliation
    University of Bedfordshire
    Issue Date
    2014
    Subjects
    Italian torpedoes
    Recast Brussels Regulation 2012
    Lis Pendens
    Choice of Court Agreements
    
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    Abstract
    On 10 January 2015, a new Recast Brussels Regulation came force bringing a number of important reforms designed to improve and harmonise rules on intra-European commercial litigation. This paper focuses on the reform to the lis pendens rule under Article 31 and the extent to which it has resolved the problems posed by the so-called Italian Torpedoes. Tactical litigation has been at the centre of the Brussels regime since its founding despite attempts by national courts to curb this practice in support of choice of court agreements. Despite the reform, we find potential for tactical litigation through the related action route.
    Citation
    Nyombi, C., Mortimer, T. and Lewis, R. (2014) 'Italian torpedoes in the shadow of the Recast Brussels Regulation 2012', European Competition Law Review, vol. 36 (6) pp.263-268
    Publisher
    Sweet and Maxwell
    Journal
    European Competition Law Review
    URI
    http://hdl.handle.net/10547/579226
    Additional Links
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2645092
    Type
    Article
    Language
    en
    ISSN
    0144-3054
    Collections
    Centre for Research in Law (CRiL)
    Law

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