Skype Technologies SA v Joltid Ltd v Kasesalu & Ors

Skype Technologies SA v Joltid Ltd v Kasesalu & Ors

The US proceedings brought by Joltid against Skype Technologies fall within the scope of the exclusive jurisdiction clause in the License Agreement, and there is no strong reason to refuse enforcement of that clause by anti-suit injunction. The standard forum non conveniens considerations do not outweigh the parties' contractual bargain, and Joltid's proposed undertakings do not tip the balance. Accordingly, an anti-suit injunction should be granted restraining Joltid from pursuing the US proceedings against Skype Technologies.

Parties
Claimant: Skype Technologies SA; Defendant: Joltid Ltd; Third Party: Priit Kasesalu; Third Party: Ahti Heinla; Third Party: Jaan Tallinn; Third Party: Toivo Annus; Third Party: Bluemoon Interactive Ou
Jurisdiction
England and Wales
Judgment Date
06 November 2009
Procedural Posture
Commercial/contractual Dispute / Interlocutory Application for Anti Suit Injunction
Outcome
Anti-suit injunction granted
Legal Topics
Exclusive Jurisdiction Clauses, Anti Suit Injunctions, Copyright Infringement, Forum Non Conveniens, Enforcement of Negative Contractual Obligations
Contract Law Intellectual Property Law Conflict of Laws Exclusive Jurisdiction Clauses Anti Suit Injunctions Copyright Infringement Forum Non Conveniens Enforcement of Negative Contractual Obligations

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Parties

Skype Technologies SA

Claimant

Joltid Ltd

Defendant

Priit Kasesalu

Third Party

Ahti Heinla

Third Party

Jaan Tallinn

Third Party

Toivo Annus

Third Party

Bluemoon Interactive Ou

Third Party

Procedural Posture

Commercial/contractual Dispute / Interlocutory Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether the US proceedings brought by Joltid against Skype Technologies fall within the scope of the exclusive jurisdiction clause in the License Agreement
  2. 2 Whether the English court should grant an anti-suit injunction restraining Joltid from pursuing proceedings in the US against Skype Technologies

Ratio Decidendi

The US proceedings brought by Joltid against Skype Technologies fall within the scope of the exclusive jurisdiction clause in the License Agreement, and there is no strong reason to refuse enforcement of that clause by anti-suit injunction. The standard forum non conveniens considerations do not outweigh the parties' contractual bargain, and Joltid's proposed undertakings do not tip the balance. Accordingly, an anti-suit injunction should be granted restraining Joltid from pursuing the US proceedings against Skype Technologies.

Court Disposition

Anti-suit injunction granted

Orders

  • Joltid is restrained from pursuing or taking any further step in the US proceedings against Skype Technologies.
  • Joltid is required to discontinue the US proceedings as against Skype Technologies.