Bhopal, its consequences and American international law in transnational litigation
Författare
Summary, in English
In December 1984 poisonous gas leaked out from the Bopal plant in India. Some 1700 people were killed and more than 200.000 people injured.
The accident led to criminal proceedings under Indian law. In parallel securities suits and stockholders derivative suits were initiated in USA. Of major concern were the protracted public liability trials. Ambulance chasers have had them referred to USA. Even the Indian government filed suit in the USA claiming that due the backlog of Indian cases, the magnitude of damages in the US and the American contingency system the liability claims were better handled by the US courts.
The article presents the early phases of the different disputes discussing forum issues, applicable law and remedy matters likely to come to the forefront.
The accident led to criminal proceedings under Indian law. In parallel securities suits and stockholders derivative suits were initiated in USA. Of major concern were the protracted public liability trials. Ambulance chasers have had them referred to USA. Even the Indian government filed suit in the USA claiming that due the backlog of Indian cases, the magnitude of damages in the US and the American contingency system the liability claims were better handled by the US courts.
The article presents the early phases of the different disputes discussing forum issues, applicable law and remedy matters likely to come to the forefront.
Avdelning/ar
Publiceringsår
1983
Språk
Engelska
Publikation/Tidskrift/Serie
Reading material McGeorge School of Law, Sacramento, USA
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Dokumenttyp
Artikel i tidskrift
Ämne
- Law
Nyckelord
- law
- rättsvetenskap
- Bopal
- third party liability
- forum selection
- choice of law
- liability trials
Status
Unpublished