…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…
…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…
…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…
…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….
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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,…
…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 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,…
…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…
…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…
…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…
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…
…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…
