Corporate Social Responsibility

ACICA, Asia, Australia, Australian Arbitration Week, Corporate Social Responsibility, Energy, Energy Dispute, Environmental protection, ESG, Investor-State arbitration, Oil & Gas, Price revision, Renewable energy, Third party funding

(Australian Centre for International Commercial Arbitration)/ /Leave a comment
ACICA

On 15 October 2024, Norton Rose Fulbright hosted a breakfast panel discussion on the topic of “Hot Cakes and Hot Takes: Trends and Developments in Asia’s Energy Sector” in Brisbane as part of Australian Arbitration Week. The panel was moderated by Dylan McKimmie, Head of Arbitration and Co-Head of Energy, Norton Rose Fulbright Australia and…

Corporate Social Responsibility, ESG, International Investment Arbitration, Investor duties

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The growing antagonism in civil society and the asymmetries in international investment agreements (IIA) lead to a cautious proliferation of enforceable obligations against investors (investor obligations) in several newer IIAs (e.g. Chapter 6-10 of ECOWAS Common Investment Code 2018; Art. 10 and Annex II of Angola-Brazil Bilateral Investment Treaty (BIT) 2015; and for an overview…

Corporate Social Responsibility, Environment, ESG, Investment Arbitration, Investment law, Uncategorized

(Leiden University)/ /Leave a comment

Investor-State dispute settlement (ISDS) has been widely criticized for being a tool in the hands of multinational companies, used to challenge domestic public policy measures even when legitimately adopted in the public interest. Critiques have been notable concerning the asymmetrical nature of international investment agreements (IIAs). While IIAs were concluded to afford protection to foreign…

Business Ethics, Corporate Social Responsibility, ESG, LIDW2022, Litigation

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London International Disputes Week continued on 11 May 2022, with a session focused on ESG – regulatory, practice, and risks.   First Panel Discussion:  Key global trends: The new frontiers of business ethics and corporate accountability The first panel, moderated by Heather Gagen, Chair, Partner, Travers Smith, focused on discussing the contours of business ethics and…

Corporate Social Responsibility, Human Rights, Washington Arbitration Week

, (Xtrategy LLP)/ /Leave a comment

The second edition of Washington Arbitration Week (WAW) drew attention to areas of synergy between corporate social responsibility (“CSR”), human rights assessments and international arbitration. Consistent with these themes, the panel “What can Corporate Social Responsibility and Human Rights Assessments teach to International Arbitration?” discussed the current legal status of this topic and future developments….

Achmea, Corporate Social Responsibility, European Convention on Human Rights, European Court of Human Rights, ISDS, Third party funding

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What does the future hold for investment protection in Europe? A colossal question that resonates across board rooms and government halls on both sides of the Channel. With a consortium of investment law experts including Nikos Lavranos (NL Investment Consulting), Ayse Lowe (Bench Walk), Gordon Nardell QC (Twenty Essex), and Laura Rees-Evans (Fietta LLP) joining…

2019 In Review, Corporate Social Responsibility, Human Rights, Investment agreements

(Georgetown Law)/ /1 Comment

Several developments in 2019 highlighted the increased presence of human rights considerations in international investment law. As described by our contributors, however, tensions persist. The 2019 Netherlands Model Agreement, released in March, represented a notably progressive approach to reflecting human rights considerations in foreign investment, as explained by our contributors. This development builds on related…

BIT, Corporate Social Responsibility, Environment, Human Rights, Investment agreements

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Ever since its inception, investment arbitration has benefited from a perception of self-contained ecosystem that does not interact with any other normative subject matter. Investor-State tribunals for the most part have been reluctant to accommodate the application of non-investment obligations and treaties, claiming either lack of jurisdiction over such claims, or affirming upfront that non-investment…

BIT, Corporate Social Responsibility, Investment agreements, Investor-State arbitration

(Nyenrode Business University)/ /Leave a comment

The notion of Corporate Social Responsibility (CSR) is gaining momentum in international investment law. States continue to include the CSR provisions in their newest international investment agreements (IIAs). In addition to typical CSR clauses directed at states to encourage investors to incorporate the internationally recognized standards on CSR (e.g. Argentina –Japan BIT (2018); the Australia-Hong…

Austria, BIT, Canada, CETA, China-Australia Free Trade Agreement, China-Korea Free Trade Agreement, Corporate Social Responsibility, India, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Norway, TPP

(Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre of UNSW Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

In the context of the backlash against investor-state dispute settlement (“ISDS”), one of the main criticisms is the asymmetric nature of investment treaties, which impose numerous obligations on the States, but do not seem to hold corporations accountable for the social, environmental and economic consequences of their activities. Some recent developments reflect a redirection away…