Topalsson GmbH v Rolls Royce Motor Cars Limited [2023] EWHC 2092 (TCC) Waksman J

The English Court had upheld Rolls Royce (“RUK”) termination of a Service Agreement with Topalsson (containing an English exclusive jurisdiction clause ‘EJC’).  RUK now sought an anti-suit injunction restraining Topalsson’s subsequently commenced US proceedings against it and others. The Court found that the subject matter (essentially copyright) of the (recently amended) US Complaint did not arise under the Service Agreement and the EJC provided no basis for an anti-suit injunction either contractually or otherwise. The unamended Complaint had, however, constituted a breach of the EJC, potentially entitling RUK to damages.