…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…
…be better positioned to resolve ESG-related investment disputes. 3. Conclusion Faulting ISDS for states’ failures to enact and enforce clear ESG standards is disingenuous. Also disingenuous is the assertion that…
…was that in-person meetings are crucial to build trust and agree contracts in the region, which may not be considered necessary in other parts of the globe. ESG and…
This is the fifth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year…
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions…
…and ESG clauses have in drafting a treaty. The major drawback of not including ESG and CSR clauses is that host States with lax regulations may attract exploitative investors. To…
…which continues to gain relevance as part of the interaction between ESG and international arbitration. Trinidad and Tobago faced its first investment claim registered by ICSID in the last two…
…states, their economic and foreign policies, public policy considerations, etc. Consensus on Environmental, Social and Corporate Governance (ESG) Issues Although the distinction between the capital-exporting and capital-importing states has faded…
…(Cederquist) spoke on the increasingly important topic of ESG (previously discussed on the Blog) and arbitration. Although the subject of ESG raises many questions, Ms. Arbrandt focused on the European…
…turned the audience’s attention to matters of international commercial arbitration and the responsibility of arbitral institutions to keep their ESG commitments. With regard to future developments, Dmitriy Alaudinov, EBRD Consultant,…
…and commercial arbitration, particularly in relation to human rights, ESG and corporate social responsibility. On top of political pressure, there is litigation pressure. She mentioned the case Urgenda Foundation v….
…direct and indirect effects of ESG issues on valuation questions, as these issues are becoming increasingly more important. Those effects could include adjustments to discount rates, risks around cash flow…
…ISDS, commercial arbitration of environmental disputes is expected to become more prevalent as companies encompass ESG commitments into their business dealings. In this sense, in 2019, the ICC issued its…
…industry are becoming increasingly common. They further predicted an uptick in construction, ESG, and technology disputes across these regions. The conversation further covered trends in international arbitration agreements, emphasizing choices…
…by arbitral tribunals, the relationship between the judiciary and arbitration in Mexico, ESG considerations in arbitration, investment arbitration in Latin America, amici curiae in arbitral proceedings, diversity in arbitration, and…
…Practice Change? In his message, ASA President Felix DASSER, drawing on the lessons learnt from the recent ASA winter conference on ESG and disputes, considers the role of arbitration in…
…as Erin Miller Rankin pointed out, ESG is creating new obligations, costs, and risks on major capital projects. These include concession agreements that are tied to ESG commitments, contractors that…
…and soft ESG regulations and greenwashing. Some of these are reflected in the recent French court case involving TotalEnergies and the Hague District Court decision in Milieudefensie v. Shell. …
…Court and the IBA to defend it, and the impact which technology, ESG, diversity and public perception have on the rule of law. Marie José Garot (IE Law School) opened…
…of disputes. He stressed that as companies transition to green energy, existing energy companies have started investing in this sector as well. Lastly, he mentioned that ESG factors were entirely…
…allegations for post-award proceedings. Increasing Diversity and Efficiency in the Resolution of Construction and Engineering Disputes – A New Slant for ESG? The second panel explored how diversity and…
