Posts Tagged Jesner Bank
Nevsun Resources Ltd. v. Gize Yebeyo Araya, et al. Some of the unanswered Kiobel and Jesner Bank issues now at the Canadian Supreme Court.
Plenty of goings-on in the Corporate Social Responsibility /mass torts category, as regular readers of the blog and /or my Twitter-feed will know. Thank you Jutta Brunnée for alerting us to Nevsun Resources v Gize Ybeyo et al, currently making its way through the Canadian Supreme Court. Thank you also Cory Wanless for pointing out the core of the issue: Nevsun are not contesting jurisdiction (its existence is secure; much like in the EU context) e.g. on forum non conveniens grounds. Rather, the Supreme Court is asked whether there should be a new tort of breach of international law, and whether the “act of state” doctrine prevents adjudication.
The first question undoubtedly will lead to a discussion of similar issues raised in Kiobel, where they were not discussed by the USSC, and in Jesner Bank, where the USCC refused to be the dealmaker on public international law. The second issue is likely to imply consideration of the very foreign poicy considerations which featured heavily in circuit considerations prior to Kiobel.
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 8, Heading 8.3.
Act of State, Alien Tort Statute, Canada, Corporate social responsibility, CSR, Duty of care, foreign soverreign immunity, High Court, Jesner Bank, Kiobel, Nevsun, Nevsun Resources Ltd. v. Gize Yebeyo Araya, piercing the veil, Shell, Supreme Court, Unilever
- Koza v Akcil: The UK Supreme Court does not follow Court of Appeal on exclusive jurisdiction for company matters. 15/08/2019
- Politus BV. The Nyrstar (Belgium) scheme of arrangement’s jurisdictional confirmation. 13/08/2019
- ED&F Man Capital Markets v Come Harvest Holding et al. First application of the UKSC Vedanta ruling and applicable law issues under Rome II Articles 4 and 10. 08/08/2019
- W v L. Brussels IIa and forum non conveniens ex-EU. 06/08/2019
- The wealth in Paul Holgate v Addleshaw Goddard (Scotland). Intra-UK conflicts, the Gourdain insolvency exception; anchoring; forum contractus; and a stay on forum non conveniens grounds. 01/08/2019
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