LIDW 2023: Adapting to a Changing World
…Social and Governance (ESG), Covid-related disputes and those involving sanctioned parties, continue to grow. The panel also highlighted the role of the in-house counsel in building the strategy of a…
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Columbia Arbitration Day 2023: Arbitration Beyond the Box – New Innovations & Perspectives
…signals. For instance, Panama was the first Latin American state to sign BRI MOUs and severed diplomatic ties with Taiwan shortly prior. Arbitrating ESG Disputes Rahim Moloo (Gibson, Dunn…
Climate change, ECT Modernisation, Energy Charter Treaty, Environment, International Investment Law, International Law, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform
Climate Change and International Investment Law: What Are the Challenges and Uncertainties? Arbitration practitioners’ reflections at the 8th EFILA Annual Conference
…Social, and Governance (ESG) initiatives and green financing investments shall be projected to better adapt to the net-zero future, lowering their risk factor and translating into a lower discount rate….
In Praise and Criticism of Arbitration as a Means of Resolving ESG Disputes
…associated research functions. Today, ESG has become a prominent feature of the business and regulatory landscapes. Not surprisingly, this has led to a corresponding increase in the number of ESG-related…
The Contents of Journal of International Arbitration, Volume 40, Issue 1 (February 2023)
…Settling ESG and Human Rights Disputes Environmental, Social and Governance (ESG) and Human Rights (HR) have become two of the most widely discussed topics in the last few years for…
11th ICC Brazilian Arbitration Day: 100 Years of the ICC Court
…according to ESG criteria, and (iii) violation of representations and warranties on ESG obligations will certainly become a recurrent subject of arbitral proceedings. As Ms. Nadar explained, ESG is “no…
2023 PAW Recap – Day 2: Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining
…the mining sector is critical for the green transition. In this context, Diora Ziyaeva pointed out that Environmental, Social, and Governance (ESG) issues are frequently part of State defenses or…
2023 PAW Recap – Day 1: Rethinking Dispute Resolution
…and compliance in international arbitration and, to what extent regulatory disputes are arbitrable. Both panellists emphasized the increasing impact of ESG (environmental, social, and governance) in international arbitration, in the…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part I)
…addressed project finance, ESG and energy transition, and the experience of the ICC in cases involving States and State entities. From the outset of the panel, Claudia Frutos-Peterson (Managing Partner…
The Answer My Friend… Is Blowing In The Wind: ESG in EU-Related Supply Chains
…Courts have been the fora for most ESG disputes to date and that trend is likely to accelerate. However, with the rise of ESG-related contract clauses and the inclusion of…
Where Efficiency and Sustainability Meet: A Model Clause to Align In-House and External Counsel on Carbon Emissions Reduction
…The increasing adoption of ESG requirements at the corporate level have permeated into the client-counsel relationship. In relation to diversity, for example, some companies, such as Facebook, HP, Macy’s, MetLife,…
2022 Year in Review: Africa
…change, ESG, there is a need for practitioners within the continent to keep abreast of the developments and possible challenges which may arise. Finally, we believe the institutions are, more…
2022 in Review, Environment, ESG, Human Rights, International environmental disputes, International Investment Law, OECD, Paris Agreement
2022 in Review: Climate Change as a Mainstream Issue for Investment Treaty Policymakers
2022 was arguably the year when climate change entered the mainstream of policymaking in the investment treaty regime, with a particular focus on aligning the regime with international climate commitments,…
2022 in Review: Latin America and Investment Arbitration
…important developments in the ISDS Landscape in Latin America, which included the increase of energy-sector, ESG, and COVID related disputes. Tech and Telecom disputes were also in the radar for…
2022 SOAS and AAA Surveys on Arbitration in Africa
…footprints. Respondents also called for drafting protocols to govern the arbitration of Environmental, Social and Governance (ESG)-related disputes in Africa. 7. Conclusion The AAA and SOAS Surveys are valuable…
2022 in Review, Arbitration Act, HK Arbitration Week, Hong Kong, Interim measures, ISDS, Japan, Korea, Legislative amendment, Macau, New York Convention, PRC, Taiwan, Treaty, Turkmenistan, Uzbekistan
2022 Year in Review: Key Developments in East and Central Asia
…arbitration; global debt recovery strategies for creditors and enforcement actions involving parties in financial distress; and the impact of ESG on international arbitration, including climate disputes and industry efforts for…
Corporate Social Responsibility, Environment, ESG, Investment Arbitration, Investment law, Uncategorized
Has ISDS Become a Tool for Promoting Business Sustainability?
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…
Istanbul Arbitration Week 2022 Recap: Energy-Related Panels
…energy transition phase. For instance, Turkey promised to make a contribution in sectors such as energy, infrastructure, transport, agriculture and waste management. Corporate social responsibility and ESG principles have become…
International Arbitration as the New Frontier for Reconceptualizing the International Legal Personality and Responsibility of Foreign Investors in the Post-Pandemic World
…of foreign investors – through the avalanche of ESG regulations worldwide mandating human rights due diligence reporting across global supply chain networks, the proliferation of sanctions levelled against businesses and…
ESG Clauses and Dispute Risks
…Publishing, https://dx.doi.org/10.1787/9789264115415-en, p. 24. In addition, ESG has become a reputational issue, with public pressure for real change in terms of ESG impacts not only by companies themselves but impacts…
2022 Taipei International Conference: Past, Present and Future of International Dispute Resolution – Part 1
…“The Global Goals of ESG (Environmental, Social and Governance) – Are Arbitral Institutions Doing their Part?” Zooming in on the environmental pillar of ESG, they considered the increasing importance of…
2022 Taipei International Conference: Past, Present and Future of International Dispute Resolution – Part 2
…Week on 5 October 2022. With onsite and online moderators and speakers, three sessions of the Conference explored how the pandemic, digital economy and ESG (environment, society and governance) affect…
Berlin Dispute Resolution Days 2022: Disputes in an Age of Uncertainty – Managing the Energy Transition
…the Conference this year was “Disputes in an Age of Uncertainty – Managing the Energy Transition”, with attendees and panelists discussing the intersections of international arbitration, Environmental Social Governance (ESG)…
Berlin Dispute Resolution Days 2022: ESG – Dawn of A New Era of Disputes in International Arbitration?
…ESG amongst all suppliers. Further, ESG regulatory initiatives in the EU build pressure on businesses to carry out compliance checks. In the context of international arbitration, introduction of ESG factors…