Multinational Corporations in Transnational Litigation: UK and us Perspectives

Abstract

This article addresses the specific question of holding MNCs, to legal account for the consequences of their unlawful actions that has been emphasized in recent years. MNCs are protected by the legal principles of “forum non conveniens” and “separate of corporate identity”. This topic is quite broad and requires extensive research, so I have decided to divide the article into two parts, with this being the first one. This part examines the complex issue of suing multinational corporations (MNCs) and the challenges of forum shopping in transnational litigation. It first outlines the conceptual framework of MNCs and explores the legal and procedural difficulties plaintiffs face when pursuing claims either in a corporation’s home or host jurisdiction. The discussion then focuses on the doctrine of forum non conveniens a key legal tool for determining the most appropriate forum for litigation. It is the aim of this paper to analyse and discuss the principal legal and policy issues raised cases involving multinational corporations in the U.S and U.K. courts and to reach complex analyses and a conclusion on the subject.