IBA Annual Conference Copenhagen 2026

4 Oct - 9 Oct 2026

Session information

Stakeholderism v shareholderism

Committee(s)

Corporate Law Section (Lead)
Business Human Rights Committee
Closely Held Companies Committee
Corporate and M&A Law Committee

Description

The last few years have seen a recalibration of shareholder primacy and stakeholder priorities. Despite these headwinds, some companies have demonstrated resilience and remained committed to a sustainable corporate purpose, including prioritising stakeholder engagement where it contributes to preventing harm to people and planet as well to the company. This panel will examine the current debate in various jurisdictions, including how some companies have operationalised their corporate purpose through capital allocation and long-horizon strategic decisions. It will also explore where new laws are requiring companies to manage risks to people and planet as well as the legal ways that these businesses have reinforced their mission even where legislation is not requiring them to. This includes through the use of dual-class or trust-based control, shareholder agreements or stakeholder charters, certification frameworks such as B Corp and embedding into legal contracts commitments to core international business and human rights standards as part of their risk management strategies. The panel will consider how alliance-building, including through co-investment vehicles, mission-driven joint ventures or procurement ecosystems, could allow businesses to amplify their impact and to meet their commitments to international standards.