The English Approach to Jurisdiction and Choice of Law in Employment Covenants Not to Compete

This article was published in [2010] 31 Comparative Labor Law & Policy Journal 375. English law treats employment covenants not to compete as part of the general law of contract, rather than of any employment-specific regulation.  Covenants “in restraint of trade” are contrary to public policy unless they can be shown to be reasonably necessary for the protection of the legitimate interests of the employer. Other countries may regulate such covenants in their own way, which is unlikely to produce the same result in all cases. It may therefore be of vital importance in litigation about such covenants to decide which country’s law should apply and where the case should be heard. In two recent cases, (Samengo-Turner and Duarte), the English courts have had to consider these questions, and in particular the extent to which an express choice of law or jurisdiction clause should be respected.

• The English Approach to Jurisdiction and Choice of Law in Employment Covenants Not to Compete