Dell Emerging Markets (EMEA) Ltd and others v Systems Equipment Telecommunications Services S.A.L.

Conflict of laws – Foreign proceedings. The Commercial Court granted an application by the claimant companies, which included Dell Computer SA, for an anti-suit injunction to restrain the defendant distributor company (SETS) from continuing Lebanese proceedings for the alleged breach of an international distribution agreement (the agreement). The court ruled that the test for an anti-suit injunction had been met in relation to Dell Computer SA and that the fact that the agreement, which contained an English exclusive jurisdiction clause, would be regarded as illegal in the place of performance, namely Lebanon, did not render that clause unenforceable under English law. Accordingly, the rule in Ralli Bros v Compania Naviera Sota y Aznar[1920] 2KB287 had no application to the case and the exclusive jurisdiction clause in the agreement was enforceable.

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