Litigating Sustainability

Presentation

As global challenges intensify, legal disputes over environmental and human rights issues are rapidly gaining prominence. These disputes are fueled by international frameworks like the Paris Agreement and local regulations, such as France's groundbreaking Duty of Vigilance Law, which has paved the way for the forthcoming EU CS3D directive. Recently, the International Court of Justice has taken a pivotal step by hearing submissions from UN member states on their climate change obligations.
In this shifting landscape, economic actors face mounting pressure to increase transparency and mitigate dispute risks, while institutions are compelled to adapt their dispute resolution frameworks to address these evolving challenges effectively. The stakes are high, with cases sometimes blurring the lines between legal and political dimensions.

In response to these developments, the ICC in 2019 launched a Task Force on “Arbitration of Climate Change Related Disputes” to assess and enhance its dispute resolution mechanisms for sustainability-related cases.
This panel will delve into the rise of ESG-related disputes exploring key themes such as:
• Proactive strategies for companies to anticipate and mitigate litigation risks;
• The regulatory evolution and its impact on corporate policies and legal exposure;
• Tailored approaches to resolving disputes related to sustainability challenges;
• Complexities in managing these cases, including timing, expertise, causation, and the necessary adjustments to meet these unique demands.

Join us for a forward-looking discussion on how businesses, legal practitioners, and institutions can navigate this emerging frontier in sustainability litigation and arbitration.