…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…
…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…
…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…
…“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…
…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…
…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)…
…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…
…Ms. Denise Fung (Partner, Linklaters). What is ESG? Historical & Theoretical Perspective Mr. Tung kicked off the panel by responding to the question of whether ESG still has meaning…
In line with its overarching theme of “Arbitration, Corporate Law & ESG”, on September 29, 2022 the CBAr’s 21st International Arbitration Conference hosted a panel on disputes arising under M&A…
…be limiting its attention to companies’ environmental policies only (letter “E” of ESG), or rather joining the environmental, social and governance (letters “ESG”) finance trend. Mr. Diniz believes that all…
Negotiations towards a modernized Energy Charter Treaty (ECT, Treaty) ended on 24 June 2022, with the States Parties reaching an agreement in principle following discussions towards reform that began in…
