Dell Emerging Markets (EMEA) Ltd & Anor v IB Maroc.Com SA (A Body Corporate) [2017] EWHC 2397 (Comm) (04 October 2017)

Dell Emerging Markets (EMEA) Ltd & Anor v IB Maroc.Com SA (A Body Corporate) [2017] EWHC 2397 (Comm) (04 October 2017)

The exclusive jurisdiction clause in the IDA, when read with clause 27, encompasses claims by IB Maroc against Dell Maroc arising out of or in connection with the IDA. It would be oppressive and vexatious for IB Maroc to pursue such claims in a foreign court. Both Dell UK and Dell Maroc are entitled to an anti-suit injunction restraining IB Maroc from pursuing the Casablanca proceedings, Dell UK on a contractual basis and Dell Maroc on a quasi-contractual basis.

Citation
[2017] EWHC 2397 (Comm)
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 for Continuation of Anti Suit Injunction / Post Interim Injunction, Application for Continuation
Outcome
Application granted; anti-suit injunction continued.
Legal Topics
Anti Suit Injunctions, Exclusive Jurisdiction Clauses, Contractual Interpretation, Quasi Contractual Remedies
Commercial Law Conflict of Laws Anti Suit Injunctions Exclusive Jurisdiction Clauses Contractual Interpretation Quasi Contractual Remedies

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Parties

Dell Emerging Markets (EMEA) Limited

Claimant

Dell SAS

Claimant

IB Maroc. Com SA

Defendant

Procedural Posture

Commercial Court Application for Continuation of Anti Suit Injunction / Post Interim Injunction, Application for Continuation

Legal Issues

  1. 1 Whether the exclusive jurisdiction clause in the Dell International Distributor Agreement (IDA) applies to claims against Dell Maroc, an affiliate of Dell UK
  2. 2 Whether Dell Maroc, as a non-party to the IDA, can obtain an anti-suit injunction on a quasi-contractual basis
  3. 3 Whether IB Maroc's claim in Casablanca is contractual or quasi-contractual in nature

Ratio Decidendi

The exclusive jurisdiction clause in the IDA, when read with clause 27, encompasses claims by IB Maroc against Dell Maroc arising out of or in connection with the IDA. It would be oppressive and vexatious for IB Maroc to pursue such claims in a foreign court. Both Dell UK and Dell Maroc are entitled to an anti-suit injunction restraining IB Maroc from pursuing the Casablanca proceedings, Dell UK on a contractual basis and Dell Maroc on a quasi-contractual basis.

Court Disposition

Application granted; anti-suit injunction continued.

Orders

  • IB Maroc is restrained from pursuing the claim against Dell Maroc in the Commercial Court of Casablanca.
  • The anti-suit injunction previously granted is continued.