Microsoft Ireland Operations Ltd v Arabic Computer Systems & Anor (Approved) (Rev 1) [2020] IEHC 549 (30 October 2020)

Microsoft Ireland Operations Ltd v Arabic Computer Systems & Anor (Approved) (Rev 1) [2020] IEHC 549 (30 October 2020)

Microsoft Ireland established to the required standard that the order permitting service out of jurisdiction was properly made under Order 11, rule 1(e)(iii) RSC; contracts are governed by Irish law; signatories had apparent/ostensible authority; ACS ratified agreements; Irish courts have jurisdiction; application to set aside service/discharge order refused.

Citation
[2020] IEHC 549
Parties
Plaintiff: Microsoft Ireland Operations Limited; Defendant: Arabic Computer Systems; Defendant: National Technology Group
Jurisdiction
Ireland
Judgment Date
30 October 2020
Procedural Posture
Summary Proceedings / Application to Set Aside Service/discharge Order Permitting Service Out of Jurisdiction
Outcome
application refused
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Choice of Law, Apparent Authority, Ratification, Forum Non Conveniens
Civil Procedure Contract Law Private International Law Jurisdiction Service Out of Jurisdiction Choice of Law Apparent Authority Ratification +1 more

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 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Microsoft Ireland Operations Limited

Plaintiff

Arabic Computer Systems

Defendant

National Technology Group

Defendant

Procedural Posture

Summary Proceedings / Application to Set Aside Service/discharge Order Permitting Service Out of Jurisdiction

Legal Issues

  1. 1 Whether service of proceedings on defendants in Saudi Arabia should be set aside or order permitting service discharged
  2. 2 Whether Irish courts have jurisdiction under Order 11, rule 1(e)(iii) RSC
  3. 3 Whether contracts relied upon are governed by Irish law

Ratio Decidendi

Microsoft Ireland established to the required standard that the order permitting service out of jurisdiction was properly made under Order 11, rule 1(e)(iii) RSC; contracts are governed by Irish law; signatories had apparent/ostensible authority; ACS ratified agreements; Irish courts have jurisdiction; application to set aside service/discharge order refused.

Court Disposition

application refused

Orders

  • Service of proceedings on defendants in Saudi Arabia not set aside
  • Order of High Court permitting service out of jurisdiction not discharged