Jones v. IPX International Equatorial Guinea S.A., No. 18-1405 (6th Cir. 2019)Annotate this Case
Jones, a Michigan citizen, began working in Equatorial Guinea around 2007. In 2011, he started IPX to provide telecommunication services in Equatorial Guinea. IPX is incorporated and has its principal place of business in Equatorial Guinea. Jones was a shareholder, director, and employee, working as a Director-General under a contract, signed annually in Equatorial Guinea. He lived and worked there during the contract’s term. IPX decided in 2015 to open a U.S. subsidiary and sent Jones to Michigan. His work there was supposed to take six months. Jones would then return to Equatorial Guinea. After Jones arrived in Michigan, IPX learned that he may have stolen money and neglected important business relationships and suspended Jones. Jones claims that the suspension was a pretext to divest him of his stock. He sued for breach of contract in the Eastern District of Michigan. The court dismissed the complaint under forum non conveniens. The Sixth Circuit affirmed. Equatorial Guinea is an available and adequate forum; IXP is subject to process there. Most of the witnesses and key documents are in Equatorial Guinea; witnesses can be compelled to testify there. Equatorial Guinean law governs under the underlying employment contract’s choice-of-law provision. There is strong evidence that Jones is not at home in the United States, negating the assumption that a U.S. court is most convenient for him.