ESG (Environmental, social and governance)
The IBA’s ESG page was established in 2023. Here, you will find links to reports, guides, articles, podcasts, webinars, films and more on environment, social and governance (ESG) and related areas from across the IBA. You may wish to use the general IBA website ‘search’ function above to help you find additional ESG-related content.
The Securities Law Committee has produced a video analysing the state of affairs for ESG standards in Latin America.
This report discusses how arbitration can be used to resolve disputes over ESG obligations in contracts.
Report from the Capital Markets Forum and Securities Law Committee provides an overview of how countries regulate ESG disclosures.
In this webinar, our panellists discuss the increasing pervasiveness of ESG norms in legal practice and why lawyers need to take this seriously.
Message from IBA President Almudena Arpón de Mendívil Aldama
'I am pleased to announce the launch of this ESG hub page, designed to be a resource for IBA members and the broader legal community. This is a first step in the context of the IBA plans regarding the Environment, Social and Governance (ESG) movement, which is one of the five presidential priorities for the term 2023-2024.
Whilst being aware of the growing politicisation of ESG factors as well as the fact that the ESG movement has detractors, on balance I firmly believe ESG is a force for good for the global community and the rule of law. ESG has the capacity to make us improve the way we as lawyers run our law firms and in-house departments. Of course, it has that same capacity with respect to the communities we serve, and how they carry out their respective missions. Clients demand alignment from us as their service providers also at the ESG front. I would argue we are already reaping some of the rewards of the still nascent ESG movement'.
'ESG is a rapidly evolving field. Predictably, ESG lacks some coherence at the moment, with people's understanding of what it encompasses differing widely. I am promoting the IBA to provide thought legal leadership on ESG, helping to shape the direction it takes. To do that, we need to learn from the scores of ESG proponents in the legal, business, and academic worlds, but also listen carefully to those expressing concerns about directions it is taking. ESG will be strengthened, not weakened, by respectful dialogue.
The IBA is all about promoting the exchange of knowledge and experiences with the aim of finding solutions to ongoing common challenges. ESG is one of today's challenges. As the legal profession moves towards incorporating sustainability in all sectors and specialities, collegiality and shared experiences are needed. That requires significant learning and greater reflection.
This ESG hub page will be regularly updated so that it may fulfil its aim of assisting you in navigating the implications of ESG in the future of our profession and in the understanding of how to meet the needs of our clients.
It is our hope that you may find this new hub not only a useful tool for yourself but also as a further move towards our goal of making the IBA an even greater forum for our members and the entire legal profession'.
This showcase panel focused on the growing intersection between the climate change and ESG movements and the role of the lawyer in advising clients to prepare for and mitigate legal risks through corporate governance
This showcase session, presented by the IBA Section on Public and Professional Interest, focused on how UN SDG #16 provides a golden thread that runs through much of the IBA’s activity.
The IBA Arbitration Committee's ESG Subcommittee, with the assistance of the IBA Business Human Rights Committee, studied the role of arbitration in resolving contractual ESG disputes. The Subcommittee conducted desk research, surveyed in-house counsel and compliance staff, and held roundtable discussions to understand the use of ESG clauses and the appropriateness of arbitration for dispute resolution.
The report concludes that arbitration is likely to play a role in resolving ESG disputes in business-to-business contracts and investment treaties. Arbitration's consensual nature and its inclusion in many investment treaties make it a suitable forum for addressing ESG concerns. The report also discusses the types of ESG obligations found in contracts and investment treaties and how they may play a role in dispute resolution.
The IBA Law Firm Management Committee has prepared this ESG Toolkit to help members understand the scope and importance of ESG.