Introduction

The main question in this appeal is whether a court of a Member State may grant an injunction against a person bound by an arbitration agreement to restrain him from commencing or prosecuting proceedings in breach of the agreement in a court of another Member State which has jurisdiction to entertain the proceedings under EC Regulation 44/2001 ("the Regulation"). After hearing the arguments of counsel, I am of opinion that an answer to this question is not obvious and is necessary to enable the House to give judgment. It is therefore the duty of the House to refer the ...