Court of Justice of the 
European Communities
L-2925 Luxembourg
Nº 2006/33

Library, Research
and Documentation

Recent case-law relating to the Brussels 
and Lugano Conventions on Jurisdiction 
and the Enforcement of Judgments in Civil 
and Commercial matters

Regulation (EC) 
No 44/2001

Art. 1(2)
Art. 27
Art. 31

Court  :  Court of Appeal
Date  :  02.12.2004
Parties  :  Through Transport Mutual Insurance Association (Eurasia) Limited v New India Assurance Association Company Limited
Publications  :  Current Law - Monthly Digest 2005 Part 3 No 80 (summary)
International Litigation Procedure 2005 p.368-404
French text: Revue de l'arbitrage 2006 No 1 p.259-266 (summary)
Note  :  Harris, Jonathan: Arbitration Clauses and the Restraint of Proceedings in Another Member State of the European Union, Lloyd's Maritime and Commercial Law Quarterly 2005 p.159-167

Keywords  : 
E-01.02.04 Council Regulation No 44/2001 - Scope - Excluded matters - Arbitration - Proceedings for a declaration that there is an obligation to refer claims to arbitration, to establish a breach of an arbitration agreement by the issue of proceedings in the courts of another Member State and to obtain an injunction to restrain the other party from continuing with those proceedings - Included - Inapplicability of Regulation 44/2001
E-21.01 Council Regulation No 44/2001 - Lis pendens - Proceedings brought before the courts of different Member States - Issue of proceedings concerning the scope of the regulation before a Finnish court - Subsequent issue of proceedings concerning a matter excluded from the scope of the regulation before an English court - Article 27 of Regulation No 44/2001 inapplicable
E-24 Council Regulation No 44/2001 - Injunction granted by a court of a Member State prohibiting a party to the proceedings before it from commencing or continuing with claims falling within the scope of the regulation before a court of another Member State - Injunction proceedings constituting a matter excluded from the scope of the regulation inasmuch as they seek to enforce an arbitration agreement - Whether permissible

Annex  : 

Judgment in original language (English)