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.
Listen: Sarah Fitts - Seasoned transaction lawyer, with emphasis on energy and infrastructure.
Listen: Christopher Stephens - Senior Vice President and General Counsel of the World Bank Group.
Listen: John Sherman - Chair of the Advisory Committee of the Hoffman Center for Business Ethics at Bentley University and former General Counsel at Shift (until 2023).
IBA Annual Conference 2023: ESG Sessions
29 October - 3 November 2023
A number of ESG-related sessions will be taking place during the IBA 2023 Annual Conference in Paris; download a summary below.
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'.
Digital Content
Podcasts
IBA Podcasts
The ESG and sustainability landscape
| 29 March 2023
Climate crisis and the law: the rise of climate litigation
| 03 November 2022
Webinars
Film
LPD Showcase: Mitigating climate risks
This showcase panel focused on the growing intersection between the climate change and ESG movements.
SPPI Showcase: business and rule of law
This showcase session focused on how UN SDG #16 provides a golden thread that runs through the IBA’s activity.
ESG standards in Latin America
The Securities Law Committee has produced a video analysing the state of affairs for ESG standards in Latin America.
Reports and Resources
Report on use of ESG contractual obligations and related disputes
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.