THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATION (EURASIA) LTD. v. NEW INDIA ASSURANCE CO. LTD. (THE “HARI BHUM”) [2003] EWHC 3158 (Comm.)

[2004] 1 Lloyd's Rep. 206

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Moore-Bick

Conflict of laws - Cargo claim - Insolvency of carrier - Cargo interests brought proceedings in Finland against carrier’s insurer under Finnish statute - Insurer’s rules contained London arbitration clause - Whether institution of foreign proceedings constituted breach of arbitration clause - Whether service of claim form on cargo interests out of jurisdiction should be set aside - Whether anti-suit injunction should be granted against cargo interests.