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In light of the European green deal, the European climate law (sets a legally binding target of net zero greenhouse emissions by 2050 and a target for 2030 of reducing net greenhouse emissions by at least 55% compared to levels in 1990) and the Paris Agreement, the European Commission adopted its proposal for a Corporate Sustainability Due Diligence Directive (“CSDD”) on 23 February 2022. The CSDD will oblige large companies to have in place a supply/value chain-related due diligence policy with regard to adverse environmental and adverse human rights impacts.
It should be stressed that the CSDD will also have an extraterritorial effect in relation to non-EU entities: First, non-EU entities which exceed certain turnover criteria will directly be covered by the CSDD. Second, any non-EU entity not directly covered by the CSDD may be impacted by the due diligence procedures performed by companies directly covered by the CSDD, if the respective non-EU entities are involved in supply/value chains as contractors, subcontractors, lower-tier subcontractors or sub-suppliers.
Furthermore, the seminar will provide the necessary insights into ESG-related contractual clauses and provide information on how to draft and make ESG-related clauses/supplier codes of conduct contractually binding along the supply chain. The webinar will also discuss the danger of potential damage claims related to ESG matters even prior to the entering into force of the CSDD.
As all this will certainly give rise to complex multi-party disputes involving several supply chain members, the webinar will address important questions regarding the dispute resolution of ESG-related disputes, such as international commercial arbitration being the ideal means for the resolution of ESG-related disputes along international supply chains, the choice of arbitration institutions and applicable institutional arbitration rules, consolidation and joinder clauses in arbitration agreements, etc.
As ESG will not only play a major role in international commercial arbitration, the webinar will also highlight the substantial impact on international investment arbitration, including issues relating to damage claims, the role of climate change-related obligations (Paris Agreement) in investment arbitration, the inter-play between environmental obligations and fair and equitable treatment (FET) and the question whether investment protection bars ESG.
The webinar will show as well how the recently concluded trade agreement between the EU and New Zealand may support the enforcement of the Paris Agreement by means of the trade agreement’s dispute resolution mechanism. Could this be a trendsetting trade agreement? Last, but not least, the seminar will explain administrative (public) claims relating to ESG/ sustainability matters.