Show simple item record

dc.contributor.authorNyombi, Chrispasen
dc.contributor.authorMortimer, Tomen
dc.contributor.authorLewis, Rhidianen
dc.date.accessioned2015-10-05T10:15:08Zen
dc.date.available2015-10-05T10:15:08Zen
dc.date.issued2014en
dc.identifier.citationNyombi, 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.263-268en
dc.identifier.issn0144-3054en
dc.identifier.urihttp://hdl.handle.net/10547/579226en
dc.description.abstractOn 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.
dc.language.isoenen
dc.publisherSweet and Maxwellen
dc.relation.urlhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=2645092en
dc.subjectItalian torpedoesen
dc.subjectRecast Brussels Regulation 2012en
dc.subjectLis Pendensen
dc.subjectChoice of Court Agreementsen
dc.titleItalian torpedoes in the shadow of the recast Brussels Regulation 2012en
dc.typeArticleen
dc.contributor.departmentUniversity of Bedfordshireen
dc.identifier.journalEuropean Competition Law Reviewen
html.description.abstractOn 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.


This item appears in the following Collection(s)

  • Centre for Research in Law (CRiL)
    CRiL developing research activities in the areas of Law and Terrorism, Investment Treaty Arbitration, International Commercial Arbitration and Aviation Law.
  • Law

Show simple item record