…and commercial arbitration, drawing on matters of public policy (such as competition law, environmental protection standards, and ESG). Here, Anya George (Schellenberg Wittmer) highlighted some prominent sports arbitration cases, such…
…to prevent, monitor, and mitigate ESG-related exposures themselves. ESG exclusions are already appearing in some policies. The result may be a new insurance landscape where liability for ESG harm is…
…embedded in affected supply chains. Richard Indge added that ESG compliance and reputational concerns have also reshaped supplier relationships. Mr Justice Henshaw stressed that many disputes arising from such disruptions…
…evolution of ESG issues in the context of international commercial arbitration. Having initially started as aspirational goals, ESG provisions are now an essential component of modern commercial contracts, including supply…
…significance of the energy transition to arbitration. The increased regulatory attention on ESG issues and “greenwashing”, and the arbitrability of such disputes from an Australian perspective were discussed in this…
…(“ESG”) principles and ISDS. Earlier in 2024, Felipe Nazar, Silvia de Paz, and María de Arcos noted an increasing number of arbitrations involving issues such as environmental permits, green incentives,…
…proceedings, which might arise out of international investment contracts. He highlighted the existing tension between ESG policies and contractual commitments, as illustrated by the co-existence of stabilisation and ESG clauses…
…(“SEC”) Climate and ESG Task Force proactively brought a number of greenwashing actions against companies over its three-year operation. Notably, the SEC charged DWS Investment Management Americas Inc. (“DWS”), a…
…conclude the panel, Ms. Jenifer Alfaro discussed the relationship between hardship clauses and ESG provisions. Ms. Alfaro emphasized the significance of ESG and argued that the ESG clauses in contracts…
…business case that takes account of these ESG-related risks when proposing new projects. 6. Mitigating the Risk of Disputes There is an increasing trend of dispute lawyers working more…
…way that the students learn something beyond the mere legal problems under the CISG. They either involve new technologies, pressing ESG-questions, a particular way of contracting or controversial goods where…
…and heralds a new era of investment agreements that prioritize environmental, social, and governance (“ESG”) standards and contain investment facilitation measures, but exclude investor-state dispute settlement mechanisms. Scope of…
…also discussed the practical implications of ESG provisions in contracts. Lawry-White highlighted the International Bar Association’s (“IBA”) report on the use of ESG contractual obligations and related disputes, and the…
…multi-party/multi-contract issues in M&A arbitrations. Finally, the subject of whether arbitration is the proper forum for ESG-related disputes was presented, with interesting remarks supporting the confidential nature of arbitration, which…
…to the assignors by arbitral awards. Société Campus ESG SARL v. S.A.R.L. Exel’Conseils, Court of Appeal of Paris, , 26 March 2024 Nataliya Barysheva, Valentine Chessa and Yoshie Concha…
…to the types of claims administered by the institutions, the panelists reported an increase in matters relating to ESG, energy transition disputes, as well as mass or class arbitrations. It…
…Mastercard case concerning fees charged on credit card transactions. In practice, the so-called “ESG dispute” is no longer a mere theoretical concept. The group claims brought before English courts vary…
…private sectors equally, and globally. These aspects have a direct impact on increased litigation related to ESG commitments, in national jurisdictions and supranational courts. In fact, highlights Fatima, ESG litigation…
Following our previous post on dispute resolution in carbon markets, the ICSID Tribunal in Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada, ICSID Case No. ARB/20/52 (“Koch…
…addressed the relationship between ESG and force majeure (FM) clauses, advising how to draft clauses combining ESG and FM. Firstly, the distinction between FM as a civil law concept and…
…The international arbitration community is acutely aware of human rights, ESG and rule of law concerns and increasingly addresses related questions in the course of arbitral proceedings. This issue of…
…stance, showcasing their commitment to proactively addressing human rights violations in their supply chains. As rightly stated by the authors of a previous blog post, “ISDS and ESG: Friends or…
…of provisions on the State’s right to regulate and provisions concerning the substantive areas of environmental, social, and governance (“ESG”) in the latest generation of international investment agreements (“IIAs”) and…
…Environmental, Societal and Governance (“ESG”), Civil Society and investment arbitration. The event was hosted by Prof. Veronika Korom (ESSEC) and the panel consisted of Grégoire Bertrou (Partner at Willkie Farr…
