Italian Torpedoes in the Shadow of the Recast Brussels Regulation 2012

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.

Keywords: Italian Torpedoes, Recast Brussels Regulation 2012, Lis Pendens, Choice of Court Agreements