Lis alibi pendens and Related Actions in the Relationships with the Courts of Third Countries in the Recast of the Brussels I Regulation

The author discusses the innovation introduced by EU Regulation No. 1215/2012, s.c. Brussels I Recast Regulation, concerning lis alibi pendens and related actions pending before third country courts. The study highlights in particular the partial overcoming of the traditional inter-partes approach inherent in the Brussels system of distribution of jurisdiction which is implied in the innovation introduced by the Recast Regualtion, as well as the advantages and drawbacks inherent in the introduction of a discretionary mechanism within a system striclty inspired to certainty and predictability in the allocation of jurisdiction.