abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb

7 Feb 2013

Allen & Overy

The Shell Nigeria cases - an important precedent for transnational liability claims

Royal Dutch Shell…was found not liable [by the District Court of The Hague] for the damage suffered by several claimants caused by four oil spills in Nigeria in the years 2004-2007...[It] appear[s] to be…an international trend for multinationals to be held accountable in their home jurisdiction for damage that has been caused by, or is related to the operations of one of their foreign (indirect) subsidiaries abroad…Multinationals that have a parent company with its headquarters or corporate seat in the Netherlands should be aware of the possibilities of injured parties…to establish the jurisdiction of the Dutch courts by simultaneously bringing a claim against the parent company based on group liability and against the foreign subsidiary based on tort…The approach across EU states may vary depending on national rules on jurisdiction…In the US...[j]urisdiction over foreign subsidiaries of US corporations is precluded unless the subsidiary acts as the alter ego of the parent under its direct control, or independently maintains sufficient jurisdictional contacts with the forum...[Refers to Trafigura]