Abstract
The Brussels I Recast introduces a priority mechanism in favour of the court designated in exclusive choice of court agreements, which is designed to enhance the protection for such agreements in the EU. However, little attention has been paid to how this mechanism is intended to operate in practice and what must be shown before a non-chosen court is obliged to stay their proceedings in favour of the chosen court. This article considers this question and assesses whether there remains any scope for parties to bring a “torpedo” action in order to derail proceedings in the chosen court.
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