Final published version
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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Private international law and substantive liability issues in tort litigation against multinational companies in the English courts
T2 - recent UK Supreme Court decisions and post-Brexit implications
AU - Ahmed, Mukarrum
PY - 2022/6/30
Y1 - 2022/6/30
N2 - This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The direct imposition of duty of care on parent companies for torts committed by foreign subsidiaries is examined as an exception to the bedrock company law principles of separate legal personality and limited liability. In this regard, the UK Supreme Court’s recent landmark decisions in Vedanta v Lungowe and Okpabi v Shell have granted jurisdiction and allowed such claims to proceed on the merits in the English courts. This article assesses these decisions and their significance for transnational corporate accountability. The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.
AB - This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The direct imposition of duty of care on parent companies for torts committed by foreign subsidiaries is examined as an exception to the bedrock company law principles of separate legal personality and limited liability. In this regard, the UK Supreme Court’s recent landmark decisions in Vedanta v Lungowe and Okpabi v Shell have granted jurisdiction and allowed such claims to proceed on the merits in the English courts. This article assesses these decisions and their significance for transnational corporate accountability. The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.
KW - Private international law
KW - jurisdiction
KW - choice of law
KW - tort
KW - liability
KW - multinational company
KW - parent company
KW - Vedanta v Lungowe
KW - Okpabi v Shell
KW - Brexit
U2 - 10.1080/17441048.2022.2051860
DO - 10.1080/17441048.2022.2051860
M3 - Journal article
VL - 18
SP - 56
EP - 82
JO - Journal of Private International Law
JF - Journal of Private International Law
SN - 1744-1048
IS - 1
ER -