Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Explaining and Evaluating Transnational Tortious Actions against Parent Companies: Lessons from Shell and Nigeria

Explaining and Evaluating Transnational Tortious Actions against Parent Companies: Lessons from... In recent years, some of the most interesting and challenging corporate litigation has involved transnational tortious claims against parent companies. Such transnational cases raise a number of important issues which are downplayed in the literature addressing parental liability in purely ‘domestic’ cases. This article seeks to explore three such issues. The first concerns how we should explain victims' motives for suing the parent in these cases. We argue that transnational actions, unlike ‘domestic’ cases against parents, are less often a means of circumventing the subsidiary's insolvency, and more often about the search for a better forum, inflicting reputational damage on a corporate group, and avoiding doctrinal problems which may afflict the subsidiary action. The second issue is the legitimacy of using parental actions for these reasons. The third issue concerns whose law should govern transnational actions against parents. To illustrate these issues, we use three recent examples of transnational actions against parent companies. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Explaining and Evaluating Transnational Tortious Actions against Parent Companies: Lessons from Shell and Nigeria

Download PDF
23 pages

Loading next page...
 
/lp/edinburgh-university-press/explaining-and-evaluating-transnational-tortious-actions-against-Y1TonrrUOY

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Edinburgh University Press
Copyright
Copyright © Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2022.0406
Publisher site
See Article on Publisher Site

Abstract

In recent years, some of the most interesting and challenging corporate litigation has involved transnational tortious claims against parent companies. Such transnational cases raise a number of important issues which are downplayed in the literature addressing parental liability in purely ‘domestic’ cases. This article seeks to explore three such issues. The first concerns how we should explain victims' motives for suing the parent in these cases. We argue that transnational actions, unlike ‘domestic’ cases against parents, are less often a means of circumventing the subsidiary's insolvency, and more often about the search for a better forum, inflicting reputational damage on a corporate group, and avoiding doctrinal problems which may afflict the subsidiary action. The second issue is the legitimacy of using parental actions for these reasons. The third issue concerns whose law should govern transnational actions against parents. To illustrate these issues, we use three recent examples of transnational actions against parent companies.

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: May 1, 2022

There are no references for this article.