t The Brussels Ibis Regulation aims to ‘improve the efficiency of choice of
court agreements’ following widespread criticism of the Gasser judgment of the
European Court of Justice. To this end, the Regulation introduces a priority
mechanism in Article 31(2) in favour of the court designated in exclusive choice of
court agreements. This article analyses, first, the problem, which the new priority
mechanism in the Brussels Ibis Regulation intends to resolve. Second, it describes
how the reforms in the Brussels Ibis Regulation address the practical issues raised
by Gasser. In this regard, the relevance of the abuse of law doctrine in EU law will
be discussed. Finally, the article considers the practical application of the new
priority mechanism and in particular the standard of review the non-chosen court
should adopt in applying Article 31(2) Brussels Ibis Regulation.

EB00000003982K			Available
EB00000003984K			Available

• Lis Pendens, Choice of Court Agreements and Abuse of Law Under Brussels Ibis