Petter v EMC Europe Ltd & Anor

Petter v EMC Europe Ltd & Anor

Mr Petter has a good arguable case that the RSU Agreements with EMC Corporation are part of his contract of employment for the purposes of the Brussels I Recast Regulation, and thus the English court has jurisdiction over the dispute. However, the requirements of comity and the nature of the Regulation mean that an anti-suit injunction should not be granted to restrain the Massachusetts proceedings.

Parties
Claimant: Petter; First Defendant: EMC Europe Ltd; Second Defendant: EMC Corporation
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Employment/contractual Dispute / Ruling on Jurisdiction and Interim Anti Suit Injunction Applications
Outcome
EMC Corporation's challenge to jurisdiction dismissed; Mr Petter's application for interim anti-suit injunction refused.
Legal Topics
Jurisdiction Under Brussels I Recast Regulation, Anti Suit Injunctions, Contracts of Employment, Exclusive Jurisdiction Clauses, Employee Incentive Schemes
Employment Law Private International Law Contract Law Jurisdiction Under Brussels I Recast Regulation Anti Suit Injunctions Contracts of Employment Exclusive Jurisdiction Clauses Employee Incentive Schemes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Petter

Claimant

EMC Europe Ltd

First Defendant

EMC Corporation

Second Defendant

Procedural Posture

Employment/contractual Dispute / Ruling on Jurisdiction and Interim Anti Suit Injunction Applications

Legal Issues

  1. 1 Whether EMC Corporation is an 'employer' for the purposes of the Brussels I Recast Regulation
  2. 2 Whether the RSU Agreements are part of the contract of employment
  3. 3 Whether the English court has jurisdiction over the dispute

Ratio Decidendi

Mr Petter has a good arguable case that the RSU Agreements with EMC Corporation are part of his contract of employment for the purposes of the Brussels I Recast Regulation, and thus the English court has jurisdiction over the dispute. However, the requirements of comity and the nature of the Regulation mean that an anti-suit injunction should not be granted to restrain the Massachusetts proceedings.

Court Disposition

EMC Corporation's challenge to jurisdiction dismissed; Mr Petter's application for interim anti-suit injunction refused.

Orders

  • Costs to follow the event in relation to each application, subject to detailed assessment if not agreed.
  • Leave to appeal granted to both parties.