27 February 2023

[Hague Courts] Kiobel v Shell: The story behind the lawsuit dismissed by the Hague District Court with Dr Lucas Roorda

Play0:00-0:0036 min

In this episode, Dr Lucas Roorda joins us to discuss the Kiobel v Shell case, and the story behind the lawsuit that was dismissed by the Hague District Court in 2022. In particular, we discuss the procedural history of the decision, transnational litigation and how this case may be considered to illustrate procedural unfairness at play between individuals and corporations.

Decision:

https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBDHA:2022:2449

Disclaimer by Dr Roorda:

During the podcast, the ‘Southern DC Circuit’ was mentioned in deciding Kiobel, but it was the Southern District Court of NY (SDNY), and the 2nd Circuit on appeal. It was also mentioned that Kavanaugh was on the Circuit Court deciding Kiobel on appeal, but that is not correct – Kavanaugh was the dissenting judge on the DC Circuit in Doe v. Exxon (I), the case that created the Circuit split with Kiobel.