Journal Article

The Brussels Regulation and ‘abuse of process’ claims

Jason Rix and Sarah Garvey

in Journal of Intellectual Property Law & Practice

Volume 3, issue 7, pages 438-439
Published in print July 2008 | ISSN: 1747-1532
Published online July 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn092
The Brussels Regulation and ‘abuse of process’ claims

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The Court of Appeal for England and Wales dismissed Visto's appeal on the ground that the English action (including the defence and counterclaim) and the Italian proceedings were unrelated proceedings within Article 28 of Regulation 44/2001 (the Brussels Regulation), noting obiter that, without more, it would be wrong to say that commencement of an action in Italy was ‘abusing’ the system.

Journal Article.  1289 words. 

Subjects: Arbitration ; Intellectual Property Law

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