Through The ATS Door, Now What? The Prevalence of MNC Misconduct, Disguise & Manipulation

On November 10, 1995, nine leaders of the Ogoni region of Nigeria were executed by an extrajudicial tribunal. What followed was a series of international denunciations, sanctions on the Nigerian regime, boycotts of Royal Dutch Petroleum (“Shell”), and a string of lawsuits against the multinational. Two key lawsuits, Wiwa v. Royal Dutch Petroleum and Kiobel v. Royal Dutch Petroleum, consolidated into one proceeding that nearly reached the trial phase, eventually settling for $15.5 million. Given Shell’s unusual move to settle, this Comment examines the main procedural and substantive developments of pre-trial discovery in Wiwa as a means of understanding how Shell and other extractive multinational corporations (MNCs) operate abroad and stand in the way of accountability and reparation for victims of human rights abuses. Ultimately, this Comment is important for understanding how extractive MNCs use procedural warfare to distract, delay, and deny justice to victims. In the process, it identifies key areas for reform and makes recommendations for better redress to victims and their communities.