International environmental litigation: Royal Dutch Shell's liability in Nigeria (new episode).

Summary The liability action against various entities of the Royal Dutch Shell group by a group of plaintiffs for environmental damage suffered in Nigeria raises first of all a problem of prescription, itself affected by a conflict of laws, which must be resolved before judicial authorization can be given to summon the Nigerian entity outside the jurisdiction. Moreover, while the Brussels I bis Regulation allows the jurisdiction of the English court to be based on the company domiciled on the national territory (art. 4), jurisdiction over the Nigerian subsidiary requires the mobilization of the general law of international jurisdiction and to do so through the specific "portal" of the "real triable issue" which commands jurisdiction over the defendant serving as the connecting anchor to the English forum. Finally, local actions arising out of the same facts, previously brought in a third country, may be related within the meaning of article 34 . but the suspension of the subsequent English action is not necessary in this case. In particular, the fate of actions for damages still pending is too uncertain, so that the risk of irreconcilable judgments is de facto reduced.