As is well known, the revised1 Brussels I Regulation (hereafter referred to as
“Brussels Ibis Regulation”) shall apply only to legal proceedings instituted, to
authentic instruments formally drawn up or registered and to court settlements
approved or concluded on or after 10 January 2015 (Article 66, 81 Brussels Ibis
Regulation). For legal proceedings instituted earlier, the previous version2 of the
Brussels I Regulation (hereafter referred to as “Brussels I Reg”) continues to
apply. Although more evolutionary than revolutionary as a whole, the new version
of the Regulation is substantially different from the previous text in several
aspects.
This contribution deals with the lis pendens rules3 as one of these aspects.4
These rules ought to prevent or resolve conflicts of international jurisdiction when
there are legal actions (potentially) pending in different states. As this is of paramount
importance to the operation of the Regulation, the provisions of this part of
the Regulation have to be interpreted broadly