Developing Trends in ESG Disputes – What Transatlantic Businesses Need to Know
Developing Trends in ESG disputes:
Are climate litigation, diligence laws, geopolitical uncertainty, and emerging technologies creating new ESG risks for transatlantic business?
Transatlantic businesses are facing several new legal concerns related to ESG (Environmental, Social, and Governance) standards. From failures to commit to net zero operations, like alleged against Shell, to the possibility of false claims cases for so-called “greenwashing” business operations, as threatened against KLM, climate litigation has become an increasingly invoked tool as a way to fight against climate change.
ESG standards have also led to the risk of shareholder activism against corporations, with paradoxical results. Shareholders may allege that a corporation’s failure to fulfill ESG ambitions violate their duties to comply with vigilance laws; while investment funds (like BlackRock or Vanguard) that have made ESG projects a priority are suffering from increased regulatory scrutiny and the risk of legal claims. Corporate boards are increasingly subject to diversity requirements, although these standards may give rise to discrimination or unfair practices claims.
Claudia Salomon, will join us for an introductory, fireside chat to touch on these subjects in her experience as President of the ICC Court of International Arbitration and the role arbitration can play in resolving climate change and other ESG-related disputes.
A panel will then explore the various legal challenges that businesses may encounter, including possible legal action against polluting operations, supply chain issues raising human rights claims, alleged failures to commit to net zero operations, false claim cases for so-called « greenwashing », and shareholder claims arising from alleged or proven ESG shortcomings.
Join us as we delve into the rapidly evolving landscape of ESG litigation for businesses operating across Europe and the United States.
Panelists:
- Claudia Salomon, President, ICC International Court of Arbitration
- Karl Hennessee, SVP Litigation, Investigations & Regulatory Affairs at Airbus, Airbus
- Gwendoline Brooker: former Manager of Upstream Disputes for TotalEnergies
- Jean-Marc Coulon, General Counsel/Directeur Juridique at Bouygues Construction –
Infrastructure Division/Pôle Travaux Publics - Amy Roebuck Frey: Partner, Trial and Global Disputes / International Arbitration and Litigation, King & Spalding, Discussion lead
King & Spalding, 48 bis Rue de Monceau, 75008 Paris. Métro ligne 2 – Monceau
Pour plus d’informations, contactez Catherine Zdziechowski
Intervenants
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Amy Roebuck FreyPartner, Trial and Global Disputes / International Arbitration and Litigation at King & Spalding -
Claudia SalomonPresident of the ICC Court of International Arbitration
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Gwendoline BrookerFormer Manager of Upstream Disputes for TotalEnergies -
Jean-Marc CoulonGeneral Counsel/Directeur Juridique at Bouygues Construction – Infrastructure Division/Pôle Travaux Publics -
Karl HennesseeSenior Vice President Litigation, Investigations & Regulatory Affairs at Airbus
