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On 28 February 2020 the Supreme Court of Canada in Nevsun Resources Ltd. v. Araya (2020 SCC 5) issued a 5-4 ruling allowing a claim by Eritrean miners against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company, to proceed. The miners had initiated proceedings in British Columbia against Nevsun alleging, among other things, breaches of … Read more
Beyond Borders: Non-US plaintiffs continue to make inroads towards holding multinational corporations liable under US law for alleged human-rights violations occurring beyond US borders. How can that be? The Alien Tort Claims Act (ATS) is an eighteenth-century statute that gives federal courts jurisdiction to hear tort claims by non-US plaintiffs for violations of international law … Read more
In Alberto Justo Rodriguez Licea and others v Curacao Drydock Co, Inc, the Singapore High Court dismissed an appeal against the enforcement of a multi-million dollar judgment issued in the United States awarding damages to Cuban plaintiffs under the US Alien Tort Statute (ATS). In addition to providing useful guidance on the defences which may … Read more