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d to arbitration. In Through Transport the https://www.51lunwen.org/liuxuelunwendx/Court of Appeal concluded that the exclusion of arbitration from Regulation 44/2001 meant that the rule did not apply and that it remained open to a party to seek an anti-suit injunction in England in support of an arbitration clause even though some other EEA court was first seised of the substantive action. On the facts of that case, relief was refused, on the ground that the arbitration clause was contained in an insurance contract to which the claimant against the insurers was not a party, but rather had a statutory right (under Finnish law) to bring an action against the insurers in respect of the assured's liability to the claimant. It followed that the claimant was not in breach of the arbitration clause. That point aside, the ruling drew an uncomfortable distinction between exclusive jurisdiction clauses which could, as a result of Gasser and Turner, be undermined simply by ignoring them, and arbitration clauses which remained protected by the possibility of the grant of anti-suit relief. The distinction was squarely in issue in West Tankers.
West Tankers: the facts
Erg owned an oil refinery in Syracuse, Sicily, and chartered the vessel Front Comor under a voyage charterparty from West, the owners. The charterparty was governed by Italian law and provided for arbitration of any disputes in London under English law. In August 2000 the Front Comor collided with an oil jetty at the refinery, causing it severe damage and preventing its continuing operation. In 2003 Erg's Italian insurers, including Ras, paid Erg €15,587,292.66 in respect of the loss. Erg's loss was substantially greater than the sum insured, and in 2000 Erg commenced an arbitration against West in London to recover the uninsured losses. Subsequently, Ras commenced its own action against West in Syracuse, with a view to recovering the sums paid by it to Erg under the policy. The subrogation action was brought under Italian law, under which ¡ª unlike English law ¡ª a subrogated insurer is entitled to bring an action in its own name. The outcome was that there were two actions against West, one in arbitration in London and one in court in Syracuse: other than in respect of the sums claimed, the two claims were all but identical.
In September 2004 West obtained from Gross J a temporary anti-suit injunction against Ras, preventing Ras from continuing with the Syracuse action. In the meantime, West sought to challenge the jurisdiction of the Syracuse court (necessarily in the absence of Ras, because of the injunction), and the court adjourned its proceedings pending the final resolution of the application for an injunction in England.

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