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Lloyd's Law Reports

THROUGH TRANSPORT MUTUAL INSURANCE ASSOCIATION (EURASIA) LTD. v. NEW INDIA ASSURANCE CO. LTD.

[2005] 1 Lloyd's Rep. 67

COURT OF APPEAL

Before Lord Chief Justice Woolf, Lord Justice Clarke and Lord Justice Rix

Insurance - Arbitration - Carriage of goods from Calcutta to Moscow - Goods lost in transit - Loss paid by owner’s insurers and cause of action assigned to insurers - Claim by insurers against carriers - Carriers becoming insolvent - Judicial proceedings brought by insurers against carriers’ P&I Club in Finland - Whether insurers bound by arbitration clause in contract between carriers and P&I Club - Whether anti-suit injunction should be granted - European Council Regulation 44/2001, art. 1.2(d).

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