“…e same parties in the State in which the recognition is sought” (my emphasis). The same formulation is adopted in Erich Gasser GmbH v MISAT Srl (Case C-116/02) [2005] QB 1, at paragraph 41. I would therefore respectfully disagree with the suggestion in paragraph 129 of Lord Neuberger’s minority judgment in The Alexandros T that t…”
“…(“the CJEU”, an abbreviation which I shall also use to refer to its precursor, the European Court of Justice) in Case C – 116/02, Erich Gasser GmbH v MISAT Srl [2005] QB 1.…”
“…me for a definitive decision to this effect to be obtained. The effectiveness of the Italian torpedo was tested in (Case C-116/02) Erich Gasser GmbH v MISATSrl [2005] QB 1. In short, despite the existence of an exclusive jurisdiction clause, the CJEU held that it worked. It held that the court second seised, even though designate…”