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EU and Euratom to Withdraw From the Energy Charter Treaty: The End of an Era?

The EU and Euratom will withdraw from the Energy Charter Treaty with Member States to support modernisation in the future. The European Council has adopted four decisions, confirming that the EU and Euratom will leave the...more

International Tribunal on the Law of the Sea Issues Landmark Advisory Opinion on Climate Change

The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement. On 9 April 2024, the International...more

European Court of Human Rights Delivers Three Landmark Rulings on Climate Change

For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective...more

New Zealand Supreme Court Paves Way for Novel Climate Change Claim

On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more

London Litigation Year in Review and 2024 Outlook

Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more

Australian Competition and Consumer Commission Adopts Tougher Stance on Greenwashing

The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more

UK Advertising Standards Authority Publishes Updated Guidance on Greenwashing Claims

The ASA conveyed a sense of urgency, as it believes influencing consumer behaviour will be an important part of meeting UK net zero targets. On 23 June 2023, the UK’s Advertising Standards Authority (ASA) published an...more

Greenwashing: Key Drivers, Risks, Enforcement, and Litigation

LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space. Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of...more

ESG in 2022: 10 Things to Look Out For

Corporate reporting (including SEC developments), climate change,  energy transition, supply chain management, and the mitigation of ESG-related litigation risk are expected to be the leading ESG themes of this year. As...more

High Court Strikes Out “Largest White Elephant in the History of Group Actions”

A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process. Background - In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Three

English law, courts and arbitral tribunals may become more relevant and popular after Brexit, not less. Introduction - English law, courts, and arbitral tribunals may become more relevant and popular after Brexit, not...more

Successfully Tackling LIBOR Phase-Out in International Arbitration

The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition. Key Points: ..LIBOR, which is widely used in financial transactions and is embedded in many...more

Is Arbitration Sustainable?

Sustainability, opportunity, and meeting the challenges of the future.  Each year, Hong Kong Arbitration Week celebrates the triumphs and challenges of international arbitration while actively promoting the development of...more

International Arbitration: Focus on Chinese Counter-Parties

Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration. On 2 April 2019, the Hong Kong SAR Government and the PRC...more

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