Quentin Decleve, Author at international litigation blog
2
archive,author,author-quentin,author-2,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-3.4,wpb-js-composer js-comp-ver-4.12.1,vc_responsive
 

Author:Quentin Decleve

UK Supreme Court Confirms Jurisdiction Over Claims Brought Against UK Parent Companies for Acts Committed Abroad by Foreign Subsidiaries

On 12 February 2021, the UK Supreme Court (the Supreme Court) handed down judgment in the Okpabi and others (Appellants) v. Royal Dutch Shell Plc and another (Respondents). The case follows from a decision of the English Court of Appeal (the Court of Appeal) on 14 February 2018 which was discussed here.

The preliminary question before the Supreme Court regards the admissibility, before U.K. courts, of legal proceedings brought by a Nigerian farming and fishing community of approximately 40,0000 individuals against Royal Dutch Shell (RSD) – a UK-domiciled parent company – for oil pollution in the Niger Delta allegedly caused by RDS’s Nigerian subsidiary (Shell Petroleum Development Company of Nigeria Ltd (SPDC)).

In 2018, the Court of Appeal rejected the claim finding – among other things – that the claimants had failed to demonstrate an arguable case that RDS controlled SPDC’s operations in the Niger Delta or that RDS was otherwise responsible for the latter’s failures.

In its decision of 12 February 2021, the Supreme Court rejected the decision of the Court of Appeal as having erred in law.READ MORE

0

European Commission Launches Public Consultation on Modernising Cross-border Judicial Cooperation

On 16 February 2021, the European Commission (the Commission) launched a public consultation to gather the views of stakeholders on its initiative to propose a new legislation to digitalise all data exchanges and communications taking place in the context of judicial cooperation between EU Member States. The Commission’s proposal for a new legislation is expected to be published by the end of 2021.READ MORE

0

European Parliament Adopts Collective Redress Directive For Consumers

On 24 November 2020, the European Parliament (the EP) adopted a Directive on representative actions for the protection of the collective interests of consumers (the Collective Redress Directive or CRD).

The proposed CRD was initially published by the European Commission (the Commission) in April 2018. The proposal was then examined by the EP and by the Council of the European Union (the Council), which entered into interinstitutional negotiations in January 2020. The EP and the Council reached a political agreement on the final text of the Directive on 22 June 2020. On 4 November 2020, the Council adopted its position at first reading, which has now been formally approved by the EP and has since also been published in the Official Journal (Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC, O.J. (2020) L 409/1).

The CRD establishes an EU-wide “class action” or “representative action”. It covers infringements of EU law which are harmful to the collective interests of natural persons in their capacity as consumers, regardless of whether those consumers are referred to in the relevant instruments as “consumers”, “travellers”, “users”, “customers”, “retail investors”, “data subjects” or otherwise. Accordingly, representative actions may be brought not only for infringements of general EU consumer law, but also of EU rules pertaining to the protection of personal data, geo-blocking, financial services, energy and telecommunications.READ MORE

0

CJEU’s Advocate General Hints at Invalidity of Intra-EU ISDS Disputes Based on Energy Charter Treaty

I wanted to publish a short note on an Opinion handed down by Advocate General Saugmandsgaard Øe in which he provides his own personal answer to one of the most highly debatable questions among EU and arbitration practitioners. Namely, the impact of the Achmea judgment on intra-EU Investor-State disputes (ISDS) conducted pursuant to the Energy Charter Treaty (ECT).READ MORE

0

U.K Supreme Court Clarifies Rules To Determine Arbitration Agreements’ Governing Law

On 9 October 2020, the U.K. Supreme Court (the Supreme Court) handed down a judgment in which it ruled on the law governing an arbitration agreement.

Building on previous decisions handed down by English courts (in particular the decision of the English Court of Appeal in Sulamérica Cia Nacional de Seguros SA v. Enesa Engenharia SA), the judgment of the Supreme Court provides greater clarity in respect of the test to be applied to determine the governing law of an arbitration agreement, especially when the law applicable to the underlying contract containing that arbitration agreement differs from the law of the seat of arbitration.READ MORE

0

Singapore Convention on Mediation Enters Into Force

On 12 September 2020, the Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation – the Convention) entered into force.

Pursuant to its Article 14, the Convention entered into force six months after the third signatory State (i.e., Qatar) completed its ratification process (i.e., on 12 March 2020). Thus far, the Convention has been signed by 53 signatories and has been ratified by 6 countries (Singapore, Fiji, Qatar, Saudi Arabia, Belarus and Ecuador).READ MORE

0