Anchoring ESG in Arbitration: Reflections on the Past,Present and Promise of Africa

Presentation

1. Event Overview
This session explores the evolving intersection between Environmental, Social, and Governance (ESG) principles and international arbitration, with a particular focus on Africa’s unique landscape. It reflects on historical developments, current trends, and future opportunities shaping ESG-driven disputes and dispute resolution mechanisms on the continent.
The discussion will bring together practitioners, academics, and institutional representatives to unpack how ESG frameworks are influencing investment decisions, contract negotiation, and enforcement in Africa.

2. Objectives of the Session

To examine the historical evolution of ESG considerations in African commercial and investment disputes.
To assess the current state of ESG-related arbitration across African jurisdictions and sectors.
To discuss emerging trends, including climate-related litigation, human rights due diligence, and governance-driven claims.
To explore the future promise of Africa as a leader in ESG-aligned dispute resolution.
To highlight the role of arbitral institutions, states, investors, and civil society in shaping ESG frameworks.

3. Key Discussion Themes

ESG as a factor in investment arbitration involving African states
The role of African arbitral institutions in embedding ESG norms
Corporate governance, transparency, and accountability in dispute prevention
ESG-related risks and opportunities for investors operating in Africa
Climate change, natural resources, and community rights
Capacity-building and policy reforms to strengthen ESG integration