Tag Archives: Netherlands

Case of the Day: In re Kiobel

The case of the day is In re Kiobel (S.D.N.Y. 2017). Esther Kiobel was the plaintiff in the now-famous Kiobel case, a class action against Royal Dutch Shell and others under the Alien Tort Statute, claiming that Shell was liable for human rights violations committed by the Nigerian government against her and others in Nigeria who had opposed Shell’s activities in Nigeria. The case led to a Second Circuit decision holding that corporations cannot be liable for torts in violations of international law under the ATS, and it culminated in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), which affirmed on different grounds, holding that the presumption against extraterritoriality applied to the ATS. The result was that Kiobel could not pursue her claims in the US courts. As we’ll see in today’s case, her new plan is to seek relief in a proceeding in the Netherlands. To obtain evidence for use in that prospective case, Kiobel brought a § 1782 application seeking leave to serve subpoenas on Cravath, Swaine & Moore LLP, lawyers for Shell in the earlier US case and some related US proceedings.
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Case of the Day: Honig v. Cardis Enterprises

The case of the day is Honig v. Cardis Enterprises International N.V. (E.D.N.Y. 2016). Edward Honig sued Cardis Enterprises International N.V.,and others for securities fraud. Cardis was a Curaçao company. It moved to dismiss for insufficient service of process.
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Lago Agrio: Dutch Court Rejects Ecuador’s Motion to Set Aside the Interim Awards

The District Court of the Hague has rejected Ecuador’s attempt to set aside the interim awards entered by the tribunal hearing the BIT dispute between Ecuador and Chevron. As I have previously noted, the tribunal had ordered Ecuador to “take all measures necessary to suspend or cause to be suspended the enforcement and recognition within and without Ecuador of the judgments” the Ecuadoran courts had issued against Chevron, pending the outcome of the arbitration.
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