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Thursday 21 March 2024
08:30 to 10:00
Please register before:
Wednesday 20 March
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Thursday 21 March 2024
08:30 to 10:00
Please register before:
Wednesday 20 March
Share:
Add to my favourites

HYBRID BY REQUEST HYBRID BY REQUEST #Commercial arbitration #Public International Law #Europe


Presentation

• What claims are we talking about? Corporates are facing a myriad of ESG claims, whether they be for environmental infractions, human rights violations or regulatory breaches over greenwashing claims to name but a few. Claimants range from company investors or customers to NGOs to regulators. Some of the claims may be contractually based with national court jurisdiction clauses. ESG issues can arise in investor treaty claims too or under various regulations including that of diligence. Many are tortious claims raised by third parties. Crucially, the motives for the claims vary hugely.

• Would international arbitration be appropriate to settle ESG-disputes? What are the pros and cons of arbitration as a means of settling ESG disputes for all stakeholders ? The panel will focus in particular on (i) confidentiality vs transparency (ii) ability to manage mass claims and other procedural questions (iii) enforcement and (iv) costs, which are the hottest questions, when it comes to consider arbitration as an alternative to court jurisdiction.

• How could these ESG disputes be arbitrated? Consent is a pre-condition to arbitration. When an arbitration agreement is lacking, such consent can be granted ex post facto. Could third-party claimants further benefit from an arbitration agreement contained in an agreement which they have not signed? Or join an ongoing arbitration ? And what about the risk of annulment for breach of the international public order of an award ruling upon a fundamental right? And its res judicata effect etc.?

How to attend

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Venue


GOWLING WLG, 38 avenue de l'Opéra
75002 Paris
Information :
Gowling WLG welcomes you on the third floor of the building for a breakfast at 8:00 am
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