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Environmental, Social and Governance (ESG) Disputes, a book representing one of the first comprehensive analyses of ESG within the field of dispute resolution, serves as an essential resource for understanding the legal, procedural, and normative developments at the intersection of sustainability and adjudication, given that disputes touching on ESG concerns frequently cut across multiple areas of law and engage a diverse range of parties and causes of action. ESG has gained significant prominence in shaping the policy frameworks and procedural dynamics of contemporary dispute resolution. Across numerous sectors and jurisdictions, businesses are facing sustained pressure from institutional investors, regulators, and civil society to incorporate ESG-related obligations into contractual arrangements and ensure that these obligations are legally enforceable, particularly in cross-border contexts.

What’s in this book:

Encircling issues as diverse as environmental impact, climate change, human rights, corruption, financial crime, and corporate reporting violations, the contributors address the complex pattern of the ESG paradigm under five major headings related to legal practice:

arbitration and arbitral procedure, including investor-State arbitrations
climate change and sustainability litigation
disputes arising in the course of major construction projects
due diligence in identifying key ESG-related risks in the context of mergers and acquisitions, and
grounds on which ESG responsibilities can be enforced and companies can be held accountable for ESG-related infractions
The relevance of ‘soft law’ instruments – such as the Equator Principles, the United Nations Guiding Principles on Business and Human Rights (UNGPs), the Principles for Responsible Investment (PRI), the OECD Guidelines for Multinational Enterprises, and the IFC Performance Standards – has become increasingly prominent, as each plays a distinct role in shaping normative expectations and influencing legal and policy debates around responsible business conduct and sustainability.

Subjects:

Commercial Law, Arbitration and Alternative Dispute Resolution

Table of Contents:

Foreword
Preface
Chapter 1. ESG Arbitration and Arbitral Procedure — Matteo Zambelli
Chapter 2. Climate Change and Sustainability Litigation in English Courts — Iain Sheridan
Chapter 3. ESG Disputes in Major Construction Projects — Jane Jenkins, Tom Hutchison & Elizabeth Foster
Chapter 4. Arbitrating ESG Disputes Arising from PE Funds’ M&A Transactions — Matthew Hodgson, Jae Hee Suh & Elizabeth Chan
Chapter 5. ESG and Inter-State Arbitrations — Catherine Amirfar
Chapter 6. ESG Litigation Against Corporations — Andrea Seet & Benson Lim
Index

Why Buy This Book?

This book is among the first to connect ESG principles with the practice of dispute resolution, offering detailed insights into how environmental, social, and governance obligations shape arbitration and litigation worldwide.
It’s an indispensable reference for professionals navigating the complex legal landscape of sustainability, compliance, and corporate accountability — a topic rapidly transforming the future of global business law.

Keywords

ESG disputes, arbitration, sustainability, litigation, Kluwer Law, corporate governance, international law, dispute resolution, human rights, environmental law

Target Audience

Arbitrators, Lawyers, Law Professors, Corporate Counsels, Compliance Officers, ESG Analysts, University Libraries, Legal Researchers, Policy Advisors, Graduate Students

Genres

Law, Arbitration, Sustainability, Business Ethics, International Relations

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