ICC YAAF: Contracting for the Future – Managing Risks of ESG/BHR in Arbitration

11 Oct 2023

New York English
Start: 18.00 (ET) || End: 20:00 (ET)

Join us for a panel discussion on Environmental, Social and Governance (ESG) and Business & Human Rights (BHR) and the role the arbitration committee can play in advancing notions of sustainable investment and development.

Environmental, Social and Governance (ESG) and Business & Human Rights (BHR) are two concepts that have gained significant recent attention. Aside from the flurried promulgation of ESG-related regulation and increasing political uproar over multi-million dollar claims brought by investors against states attempting to transition towards greener economies (including a potential forthcoming mass exodus from a multilateral energy treaty), the UN General Assembly last year recognised a new human right to a clean, healthy and sustainable environment. But what does any of this actually mean for the practice of international arbitration, if anything? Why does it matter now? Why will it matter in the future? 

Open to those aged 40 and under, YAAF provides opportunities for individuals to gain knowledge, develop their skills and understand ICC’s arbitral procedure and other dispute resolution services.

 

What is ICC YAAF?

At ICC, we believe that through training and mentorship, we can mould the next generation of leading international arbitration and ADR experts. Through the ICC Young Arbitration and ADR Forum (YAAF) network, we are able to better inform, connect and inspire young professionals with interests in dispute resolution and dispute avoidance.

 

Throughout the world, ICC YAAF organises a number of educational and social events that allow young professionals to discover best practices, discuss topical issues, network and create meaningful connections with experienced practitioners. 

Learn more about ICC YAAF  | Join the network

(New York Time Zone)

18:00-18:05

Welcome Remarks

18:05-19:05

Panel Discussion

 

This panel will first consider recent arbitral and judicial case law developments relating to (i) the potential ESG/BHR obligations and responsibilities of corporations under international law; (ii) corporate parental liability for adverse impacts to human rights and the environment caused by subsidiaries; and (iii) challenges with respect to addressing such adverse impacts at the remedy phase of disputes.

Using these case law developments as a springboard, the panel will discuss how these cases may influence and shape the management of ESG/BHR-related arbitration risks in the future. Specifically, the panel will examine how similar ESG/BHR-related issues can be pre-empted, mitigated or resolved through the drafting of arbitral and other clauses in international commercial contracts or investment agreements. 

Moderator:

Mevelyn Ong, Senior Associate, Sullivan & Cromwell, New York

 

Panelists:

  • Sarah Dadush, Professor of Law, Rutgers Law School, and Founding Director of the Responsible Contracting Project, New York, USA
  • Chris Albin-Lackey, Director of Programs, Columbia Center on Sustainable Investment, New York, USA
  • Meriam Nazih Al-Rashid, Partner, Eversheds Sutherland LLP, New York, USA
  • Nelson Goh, Partner, Pallas Partners LLP, London, United Kingdom
  • Ashika Singh, Counsel, Debevoise & Plimpton LLP, New York, USA

19:05-20:00

Networking Happy Hour

Chris Albin-Lackey

Director of Programs, Columbia Center on Sustainable Investment, New York, USA

Sarah Dadush

Professor of Law, Rutgers Law School, and Founding Director of the Responsible Contracting Project, New York, USA

Nelson Goh

Partner, Pallas Partners LLP, London, United Kingdom

Mevelyn Ong

Senior Associate, Sullivan & Cromwell, New York

Ashika Singh

Counsel, Debevoise & Plimpton LLP, New York, USA

Meriam Nazih Al-Rashid

Partner, Eversheds Sutherland LLP, New York, USA

Venue

Sullivan & Cromwell LLP

125 Broad Street 

New York, NY

10004-2498

United States 

First name, Name Title Email
Kiara Williams Promotion Officer iccdrs-northam@iccwbo.org

First name, Name

Organiser

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