We are happy to invite you to the DIS40 Autumn Conference in Berlin on 14 September 2022 and celebrate the 20th anniversary of DIS40 with you.
This year’s topic is “ESG – Dawn of A New Era of Disputes in International Arbitration?”
You have certainly come across the three letters E-S-G in international arbitration, but do you know what it is really all about? Together with our audience and our diverse group of panellists, we will explore the different facets of ESG-related disputes and will shed light on this trending but still unknown topic. Is ESG a thing or is it much ado nothing, at least in commercial arbitration?
After an introduction to the topic, the first panel will address the “E”nvironmental aspect of ESG, namely environmental and climate change-related issues. Is international arbitration the right forum to solve climate change disputes? What is the role of commercial arbitration in transitioning to a net zero future? How can we reduce the CO2 footprint of arbitral proceedings?
The second panel will be dedicated to the “S”ocial aspect of ESG, focusing on the intersection between business human rights and international arbitration. Both the Bangladesh Accord and the Hague Rules on Business and Human Rights Arbitration seek to create a forum for these disputes. Can arbitration increase accountability of international businesses? Does it provide the right forum for affected stakeholders? How does the arbitral process need to be adjusted in order to promote justice in a fair and efficient manner?
Finally, the conference will be concluded by debating the “G”overnance aspect of ESG, in particular fraud and corruption in international arbitration. What are the duties of tribunals to investigate red flags? Is there an obligation to report to law enforcement authorities? What is the applicable standard of proof?