On April 9, 2024, the European Court of Human Rights (the "Court" or "ECtHR") delivered three highly anticipated and significant judgments on the application of the European Convention on Human Rights (the "ECHR"). This...more
The Context: Litigation over State obligations to mitigate climate change intensifies globally, with NGOs and individuals pressuring corporations to cut emissions. The European Court of Human Rights ("ECtHR") issued three...more
The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators...more
The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more
5/22/2024
/ Advertising ,
Advertising Standards Authority ,
Competition ,
Corporate Counsel ,
Environmental Claims ,
Environmental Policies ,
EU ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Energy ,
Greenwashing ,
Section 5 ,
UK ,
UK Competition and Markets Authority (CMA)
The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more
Introduction -
On July 24, 2023, the High Court dismissed ClientEarth's application for permission to bring a shareholder derivative claim against Shell's directors (the "Board") for breach of directors' duties under the...more
Chile is currently considering a new Constitution—due to be put to a referendum in September—and foreign investors should be aware of its potential impact on their investments in the country. The proposed changes in the draft...more
REGULATORY ISSUES & UPDATES -
UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs -
The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more
6/1/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Energy Reform ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
As climate change and energy transition play an increasingly important role in the decision-making of private and government entities, one issue is bound to become the focus of attention: Is there a potential conflict between...more
5/24/2022
/ Climate Action Plan ,
Climate Change ,
Energy Charter Treaty ,
Energy Policy ,
Energy Reform ,
Environmental Policies ,
Foreign Investment ,
Infrastructure ,
International Treaties ,
Paris Agreement ,
Pollution Control ,
UNFCCC
The DIAC 2022 Rules represent the culmination of six months of work by DIAC to reconstitute itself consistent with the Decree (see Jones Day's Insight about the Decree, "Disputes Disrupted? The Impact of Dubai's Decree No. 34...more
On 15 March 2022, ClientEarth announced that it had written to Shell's board of directors informing them of its intent to bring a claim on behalf of the company for the board's failure to implement a Paris Agreement compliant...more
3/22/2022
/ Board of Directors ,
Breach of Duty ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Corporate Counsel ,
Derivative Suit ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Failure to Comply ,
Global Disputes ,
NGOs ,
Oil & Gas ,
Paris Agreement ,
Shareholder Demands ,
Shell Oil ,
UK Companies Acts
Why Are Investment Treaties Important?
Investment treaties are international legal instruments between two or more States that protect against property destruction in armed conflict, illegal expropriation, discrimination,...more
The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more
3/15/2022
/ Business Disputes ,
Business Interruption ,
Contract Disputes ,
Contract Terms ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Military Conflict ,
Performance Standards ,
Russia ,
UK ,
Ukraine
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
Climate change litigation is often viewed by companies as a risk. However, it is also an opportunity—if brought in the right forum—for companies exposed to certain climate-related government measures to vindicate their...more
Latin America is experiencing a new wave of resource nationalism and government intervention, as more populists come to power spurred on by ideological shifts and indigenous movements....more
The Situation: On 25 June 2021, the Full Court of the Federal Court in Hub St Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 116 (Hub v Energy City Qatar) refused to uphold the enforcement of an arbitral...more
The Situation: The European Super League faced significant criticism when it was announced on 18 April 2021. Some governments in Europe—particularly the United Kingdom—even threatened new laws intended to target the new...more