September 13, 2021 | 1 minute read

Partner Rachel Goldman presented “Taking the Temperature on ESG Disputes” on September 22nd, 2021. 


With the United States rejoining the Paris Agreement and in light of recent pronouncements of the U.S. Securities and Exchange Commission on climate change and environmental, social, and governance (“ESG”) disclosures, there was a new focus in the United States on meeting various environmental commitments, pursuing sustainable investments, and mitigating climate change-related risks. 

With renewed attention came an increased risk of disputes. Industry leaders, in-house counsel, and dispute resolution practitioners will took stock of i) new laws to mitigate climate change, particularly cap-and-trade emissions schemes and ESG requirements; and ii) disputes arising out of those new laws such as those relating to emissions limits and greenwashing. The panel discussed the role and benefits of arbitration and ADR in resolving ESG and emissions trading disputes, including a prospective role for arbitration under Article 6 of the Paris Agreement, and delved into best practices and lessons learned for the resolution of these disputes and for contract drafting.


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