‘UK Supreme Court in Okpabi v Royal Dutch Shell (2021 UKSC 3): Jurisdiction, duty of care, and the new German “Lieferkettengesetz”’

“The Supreme Court’s decision in Okpabi v Royal Dutch Shell (2021 UKSC 3) concerns the preliminary question whether English courts have jurisdiction over a joint claim brought by two Nigerian communities against Royal Dutch Shell (RSD), a UK parent company, as anchor defendant, and a Nigerian oil company (SPDC) in which RSD held 30% of the shares. The jurisdictional decision depended (among other issues that still need to be resolved) on a question of substantive law: Was it ‘reasonably arguable’ that RSD owed a common law duty of care to the Nigerian inhabitants whose health and property was damaged by the operations of the subsidiary in Nigeria? …” (more)

[Eva-Maria Kieninger, Conflict of Laws .net, 15 February]

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