In Goshawk Dedicated Ltd & ors v Life Receivables Irl Ltd [2009] IESC 7 the Supreme Court of Ireland has referred a question to the ECJ regarding the application of Article 2 of the Brussels Regulation. In particular, the question concerns whether the courts of a member state can decline jurisdiction which they would otherwise have under the Brussels Regulation on the basis that proceedings are already pending in the courts of a non-member state.

In this case, the Claimant commenced proceedings in the Irish High Court against the Defendant, which essentially mirrored claims which the Defendant had already brought in the US courts some three months previously. The court refused to grant a stay of the Irish proceedings on the basis that it was not satisfied that any doctrine of lis alibi pendens could be invoked to stay the proceedings, which were mandated to be brought in Ireland under Article 2 of the Brussels Regulation.