Municipio de Mariana v BHP Group: Implications of the UK High Court’s Decision

The High Court of England and Wales in its November 2020 judgment Municipio de Mariana v BHP Group 1 ( ) declined jurisdiction to hear the case initiated by victims Fundão Dam collapse Brazil on grounds abuse process. decision raises serious questions about Court’s willingness vindicate fair trial rights human abuses linked multinational enterprises (MNEs). In this judgment, Turner J also made obiter comments possibility staying application Article 34 Recast Brussels Regulation (Recast Regulation), 2 doctrine forum non conveniens (FNC), and/or management discretion.