Dell Emerging Markets (EMEA) Ltd & Anor v IB Maroc.Com SA (A Body Corporate)

The exclusive jurisdiction clause in the IDA, when read in context with other provisions, encompasses claims by IB Maroc against Dell Maroc as an affiliate. Both Dell UK and Dell Maroc are entitled to an anti-suit injunction restraining IB Maroc from pursuing proceedings in Morocco, as it would be oppressive and vexatious to allow such claims in breach of the jurisdiction clause.

Parties: Claimant: Dell Emerging Markets (EMEA) Limited; Claimant: Dell SAS; Defendant: IB Maroc. Com SA
Jurisdiction: England and Wales
Judgment Date: 04 October 2017
Procedural Posture: Commercial Court Application / Judgment on Application to Continue Anti Suit Injunction
Outcome: Application granted
Legal Topics: Anti Suit Injunction, Exclusive Jurisdiction Clause, Contractual Interpretation

Commercial Law Conflict of Laws Anti Suit Injunction Exclusive Jurisdiction Clause Contractual Interpretation

Case Brief

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Parties

Dell Emerging Markets (EMEA) Limited

Claimant

Dell SAS

Claimant

IB Maroc. Com SA

Defendant

Procedural Posture

Commercial Court Application / Judgment on Application to Continue Anti Suit Injunction

Legal Issues

1 Whether the exclusive jurisdiction clause in the Dell International Distributor Agreement (IDA) restrains IB Maroc from pursuing claims against Dell Maroc in Morocco
2 Whether both Dell UK and Dell Maroc are entitled to an anti-suit injunction restraining IB Maroc from foreign proceedings

Ratio Decidendi

Court Disposition

Application granted

Orders

Continuation of the anti-suit injunction restraining IB Maroc from pursuing claims against Dell UK and Dell Maroc in the Commercial Court of Casablanca