TY - JOUR

T1 - Jurisdiction to Sue a Parent Company in the English Courts for the Actions of its Foreign Subsidiary

AU - Ahmed, Mukarrum

PY - 2020/12/19

Y1 - 2020/12/19

N2 - This article will examine the private international law and substantive liability issues in proceedings against UK based parent companies for the actions of foreign subsidiaries. The UK Supreme Court’s landmark decision in Vedanta v Lungowe will be assessed. Moreover, the post-Brexit implications for the viability of such claims before English courts will be considered. In the context of business-related civil claims for human rights violations, the European Parliament’s Committee on Legal Affairs has recently presented a draft proposal with recommendations to the Commission on corporate due diligence and corporate accountability. These proposals include amendments to the European Union’s (‘EU’) Brussels Ia Regulation and the Rome II Regulation. The author will introduce these new developments on jurisdiction and the applicable law in relation to corporate human rights abuse claims against EU based parent companies for the actions of foreign subsidiaries.

AB - This article will examine the private international law and substantive liability issues in proceedings against UK based parent companies for the actions of foreign subsidiaries. The UK Supreme Court’s landmark decision in Vedanta v Lungowe will be assessed. Moreover, the post-Brexit implications for the viability of such claims before English courts will be considered. In the context of business-related civil claims for human rights violations, the European Parliament’s Committee on Legal Affairs has recently presented a draft proposal with recommendations to the Commission on corporate due diligence and corporate accountability. These proposals include amendments to the European Union’s (‘EU’) Brussels Ia Regulation and the Rome II Regulation. The author will introduce these new developments on jurisdiction and the applicable law in relation to corporate human rights abuse claims against EU based parent companies for the actions of foreign subsidiaries.

KW - Jurisdiction

KW - Liability

KW - Human Rights

KW - Parent Company

KW - UK Supreme Court’s decision in Vedanta v Lungowe

M3 - Journal article

VL - 1

SP - 25

EP - 39

JO - Atâtôt - Revista Interdisciplinar de Direitos Humanos da UEG

JF - Atâtôt - Revista Interdisciplinar de Direitos Humanos da UEG

IS - 2

ER -