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Samengo Turner V. Marsh Notes

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This is an extract of our Samengo Turner V. Marsh document, which we sell as part of our Conflict of Laws BCL Notes collection written by the top tier of Oxford students.

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SAMENGO TURNER V. MARSH FACTS This is an expedited appeal from David Steel J's refusal to grant the three claimants an anti-suit injunction to restrain proceedings against them in New York by the second and third defendants. The claimants are domiciled in England and are or were employed as reinsurance brokers by the first defendant (MSL), an English company and part of the well known Marsh McLennan group (the MM group) of companies of which the third defendant (MMC) based in New York is the holding company and the second defendant (GC) forms part. The New York proceedings started a month later and are founded upon the terms of an incentive award granted to the claimants under which they assumed obligations to repay the award if they engaged in detrimental activity and to provide information to enable "the Company" to determine whether they had complied with the terms of the award. The claim for an anti-suit injunction is made on the ground that the New York proceedings are matters relating to the claimants' individual contracts of employment and have been brought by their employer so the provisions of section 5 of Council Regulation (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters require such proceedings to be brought only in the courts of their domicile. The Bonus Agreement: The November 1 2005 Guy Carpenter Special Long Term Incentive Grant was made under the auspices of the plan. This award was subject to the terms and conditions of the plan itself and additional terms and conditions. The document containing these terms and conditions (which I shall call the bonus agreement) was signed by each claimant and recited that: In recognition of your potential for future contributions to the success of MMC, this award is intended to strengthen the mutuality of interest between you and MMC's share holders and to serve as an appropriate additional incentive to remain with MMC or any of its subsidiaries or affiliates (collectively, the "Company"). For purposes of this agreement "MMC" means Marsh & McLennan Companies, Inc…
The bonus agreement runs to 16 pages. It was subject to New York law and exclusive jurisdiction except as provided by schedule II D.

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