Daimler AG v. Bauman: A New Era for Judicial Jurisdiction in the United States

Yearbook of Private International Law, Volume 16 (2014/2015), pp. 217-235

NYU School of Law, Public Law Research Paper No. 15-27

24 Pages Posted: 24 Jul 2015

See all articles by Linda Silberman

Linda Silberman

New York University School of Law

Date Written: July 23, 2015

Abstract

In this article written primarily for a European audience, Professor Silberman discusses the Supreme Court’s 2014 decision in Daimler AG v. Bauman that redefined the constitutional limitations on general personal jurisdiction – holding that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Professor Silberman highlights the significance of the decision for transnational cases, including the jurisdictional implications for foreign parent corporations and their subsidiaries. She draws comparisons with the European approach to jurisdiction under the European Regulation (now the Brussels Recast) and explains why the overall jurisdictional regime in the United States may be substantially more limited than in other countries. She offers some observations about the impact of the new U.S. jurisdictional era on a potential world-wide judgments convention being reconsidered at the Hague Conference on Private International Law. Finally, Professor Silberman notes a set of potential hurdles for the recognition and enforcement of foreign country judgments and arbitral awards if the Daimler standard is applied in that context.

Suggested Citation

Silberman, Linda, Daimler AG v. Bauman: A New Era for Judicial Jurisdiction in the United States (July 23, 2015). Yearbook of Private International Law, Volume 16 (2014/2015), pp. 217-235, NYU School of Law, Public Law Research Paper No. 15-27, Available at SSRN: https://ssrn.com/abstract=2635004

Linda Silberman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6204 (Phone)
212-995-4341 (Fax)

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