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

Ahmed, Mukarrum (2020) Jurisdiction to Sue a Parent Company in the English Courts for the Actions of its Foreign Subsidiary. Atâtôt - Revista Interdisciplinar de Direitos Humanos da UEG, 1 (2). pp. 25-39.

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Abstract

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.