ESG dispute resolution

Experts in ESG dispute resolution

ESG (Environmental, Social and Governance) criteria and sustainability have risen to the top of the corporate agenda. Worldwide, companies are grappling with how to demonstrate that in addition to profit-making, they create broader value to the world (or, at least, do not cause harm).

Often thought of as a synonym for climate and environmental consciousness, ESG is in fact a broad umbrella term. It spans factors as diverse as emissions and waste disposal, human rights and employee relations, and financial crime and corporate governance. Put simply, it is often used as an index of "good corporate citizenship".

The focus on ESG, and competing views as to what sustainability means, and how it should be achieved, generate disputes. At Ashurst, we advise across the spectrum of dispute resolution and prevention from ongoing compliance and risk management, through to high stakes ESG litigation, arbitration and investigations.

Our ESG dispute resolution practice advises on legal rights and obligations, and their enforcement. But we also deliver strategic advice on the broader considerations in ESG disputes. We recognise that winning, or losing, a dispute is only part of many clients' risk assessment. Clients are equally concerned with the reputational and market impact of ESG disputes, and the knock on consequences on access to capital, and acquisition and retention of talent. Working closely with colleagues across Ashurst's practice areas, we are able to provide well rounded advice to achieve the commercial and non-commercial objectives of our clients.

 Subject matter and industry experience

Our ESG dispute resolution experience includes climate change and environmental issues, community engagement and human rights, modern slavery, supply chain liability, health & safety, employee relations, privacy and data protection, corruption, sanctions, fraud, fair marketing, market disclosures, intellectual property and tax.

Our industry experience extends across each of our key sectors: aerospace & defence, funds, banks, built environment, business support services, consumer, food & retail, energy, government and public sector, hotels, leisure and gaming, insurance & reinsurance, manufacturing & distribution, mining, pharmaceuticals & healthcare, private equity, technology, media & telecommunications, and transport.