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ESG and Disputes: Flash in the Pan or Game Changer? (eBook)

Edited by: Urs Weber-Stecher, James Menz

ISBN13: 9789403540788
Published: September 2024
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: eBook (ePub)
Price: £83.00
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ESG and Disputes is a well-timed and crucially important book comprising contributions from distinguished jurists, representatives of governments and NGOs, and in-house counsel who identify and analyse the sources of ESG-related litigation and arbitration, providing an extensive treatment of the nature of ESG disputes and their resolution across both commercial and investment fora. ‘We must measure what we value, not just value what is simple to measure.’ This statement from the US White House capsulizes the global trend dubbed ESG – an insistence on attending to the natural environment, social values, and responsible governance in business affairs. The ‘explosion’ of human rights and environment-related disputes that have come to the fore on the international legal landscape is a striking attribute of this trend.

The contributions in this vital compendium are based on papers presented at a conference organized by the Swiss Arbitration Association in February 2023, and provide a discussion focused on concrete ways that every arbitration practitioner can contribute to a more environmentally friendly and socially responsible arbitration practice. Among the issues and topics raised, many of them relatively new to legal theory and practice, are the following:

  • emergence of nature-related assets and markets dealing in nature-related products;
  • intensification of ESG-related regulation;
  • which disputes could trigger which type of arbitrations;
  • ESG-specific arbitration clauses as risk mitigation measures;
  • controversial role of the Energy Charter Treaty;
  • ESG-compliant supply chains;
  • ESG scoring;
  • rights of nature – recognizing ecosystems as subjects with rights; and
  • the criminal act of ecocide.

In its recognition that ESG is profoundly linking environmental and social protection values with the monetary aspects in the life of both corporations and states, the book identifies key drivers for future ESG-related disputes. It enables stakeholders to position themselves in an emerging field. It will be highly appreciated by all practitioners, policymakers, and other professionals dedicated to the protection of natural resources and of human life itself.

Subjects:
eBooks, Arbitration and Alternative Dispute Resolution
Contents:
Contributors
Foreward
Introduction, Urs Weber-Stecher and James Menz
PANEL 1: The ESG Disputes Landscape Today: Challenges and Responses
1. Nature Capital, Nature Markets and Arbitration, Crenguta Leaua & Leonardo Conte
2. ESG and International Arbitration: General Considerations, Patrick Thieffry
PANEL 2: Commercial Dispute Resolution: ESG Ante Portas?
3. Arbitration as a Means for Resolving Climate Change-Related Disputes, Moritz Keller and Sunny Kapoor
4. Commercial Dispute Resolution: ESG Ante Portas?—Observations from the Board of Directors’ Perspective, Isabelle Romy
PANEL 3: ESG in Investment Arbitration: Status and Trends
5. The Energy Charter Treaty and Its Role in the Energy Transition, Samantha J. Rowe
PANEL 4: Environmental Footprint of Arbitration Practitioners: Towards Greener Arbitrations?
6. Summary of the Panel Discussion, Urs Weber-Stecher

Series: ASA Special Series

ESG and Disputes: Flash in the Pan or Game Changer? ISBN 9789403540689
Published September 2024
Kluwer Law International
£83.00
ASA No 36: Advocacy in International Commercial Arbitration ISBN 9781933833910
Published September 2013
Juris Publishing
£95.00
ASA No 38: Post Award Issues ISBN 9781933833903
Published December 2011
Juris Publishing
£95.00