[📝 #Publication] - We are thrilled to announce the release of the latest edition of #ACEMagazine by Wolters Kluwer, featuring two insightful articles authored by our esteemed lawyers 👇 📘 Directors’ Duties and Liabilities and ESG Considerations under Luxembourg Law: Analysis and Recommendations by Alexandre Tangton. In this article, Alexandre provides a comprehensive overview of directors' duties and liabilities, coupled with essential ESG considerations. His analysis and practical recommendations offer invaluable guidance within the Luxembourg legal framework. 📘 Insolvency Framework for International Groups in Luxembourg by Arnaud Fostier where he delves into the intricacies of the insolvency framework for international groups operating in Luxembourg. His practical guidelines serve as a crucial resource for navigating the complexities of cross-border insolvency. 🧾 Both articles are designed to provide practical, actionable insights for professionals and businesses engaged with Luxembourg's legal landscape. 👉 Don't miss out on this edition of ACE Magazine and check out these articles to deepen your understanding and enhance your strategic approach in Luxembourg's dynamic legal environment: #LegalInsights #DirectorsDuties #ESG #InsolvencyFramework #LuxembourgLaw #ACEMagazine #LegalExcellence #CorporateLaw #Sustainability #CrossBorderInsolvency
Simmons & Simmons Luxembourg LLP’s Post
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📚 New issue of the European Business Organization Law Review (#EBOR) is out now! This issue includes seven new articles (five #openaccess), examining topics such as the global #ESG stewardship ecosystem and its complex network of institutional investors and stakeholders, and an analysis of the recent takeover regulation in the context of Poland's evolving capital market law. 🔗 Read the latest issue here: https://lnkd.in/d6a7DzUG #AsserPress #EULaw #businesslaw #internationallaw #research Tim Bowley | Jennifer Hill | Enrico Partiti | Guido Ferrarini | Michele Siri | Shanshan Zhu | Tomasz Regucki | Frank Bakker | Springer Law
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Bob Baxt AO Chair in Corporate and Commercial Law; Director, Centre for Commercial and Regulatory Studies (CLARS)
I can’t think of better company to be in with publication of this new issue of the European Business Organization Law Review (#EBOR) - such terrific scholars and important issues for discussion!
📚 New issue of the European Business Organization Law Review (#EBOR) is out now! This issue includes seven new articles (five #openaccess), examining topics such as the global #ESG stewardship ecosystem and its complex network of institutional investors and stakeholders, and an analysis of the recent takeover regulation in the context of Poland's evolving capital market law. 🔗 Read the latest issue here: https://lnkd.in/d6a7DzUG #AsserPress #EULaw #businesslaw #internationallaw #research Tim Bowley | Jennifer Hill | Enrico Partiti | Guido Ferrarini | Michele Siri | Shanshan Zhu | Tomasz Regucki | Frank Bakker | Springer Law
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#ESG and #internationalarbitration In her latest post, "𝘖𝘱𝘱𝘰𝘳𝘵𝘶𝘯𝘪𝘵𝘪𝘦𝘴 𝘧𝘰𝘳 𝘌𝘚𝘎-𝘙𝘦𝘭𝘢𝘵𝘦𝘥 𝘊𝘰𝘶𝘯𝘵𝘦𝘳𝘤𝘭𝘢𝘪𝘮𝘴 𝘪𝘯 𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘐𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯𝘴: 𝘈 𝘛𝘳𝘪𝘱 𝘋𝘰𝘸𝘯 𝘵𝘩𝘦 𝘙𝘢𝘣𝘣𝘪𝘵 𝘏𝘰𝘭𝘦," Kiran explores the host States' possibilities for filing #ESG counterclaims in pending #IA proceedings. This is a timely reading, and we encourage all arbitration practitioners to read this blog post and reflect on the intersections between #esg and arbitration! #esg #internationalarbitration #IA #sustainability #greeningarbitration #greenpledge
For decades, modern international investment law and arbitration have provided both the procedural mechanisms and substantive grounds for States to advance counterclaims in such proceedings. Coupled with the increased inclusion of provisions on the State’s right to regulate and provisions concerning the substantive areas of #ESG in the latest generation of international investment agreements and domestic laws, there is great promise for successful ESG-related counterclaims. My latest blog post at #kluwerarbitrationblog takes a trip down the rabbit hole to identify the procedural mechanisms that enable counterclaims, the thorny issue of consent, and how the right to regulate may interact with the assertion of ESG-related counterclaims in #investmentarbitration Thank you Maria Fanou and Sue Ng 黄楒涵 (FCIArb) for the useful editorial feedback! Read more: https://lnkd.in/ebMfJaFV Wolters Kluwer: International Arbitration & Mediation
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#PAW2024 - Human Rights, ESG and Civil Society in Investment Arbitration. Organiser: European Federation for Investment Law and Arbitration - EFILA.org / ESSEC Business School 18 MARCH 2024 15:00 - 18:30 Learn more & register https://lnkd.in/e4r9HxbM #Investmentarbitration #Arbitrage #Arbitration
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DRB | Law Firm Strategy | Chair - IBA Law Firm Management ESG Subcommittee I Author "Building the Sustainable Law Firm: Developing and Implementing an ESG Strategy"
A big "Thank you" to the co-chairs, speakers, panelists and participants of the four great sessions I participated in at the IBA annual conference 2023: 1) “Free advice”. Five consultants provide their one key point that law firms should focus on in 23/24" [My answer: just three letters, E-S-G] 2) Avoiding the Meatloaf Paradox: I will do anything for my client, but I won’t do… 3) Alternative business structures and sustainability: the future of the legal profession 4) ESG | are law firms taking it as seriously as clients and talent want? And last but not least a big shout out to my Law Firm Management ESG Subcommittee colleagues! Emma Oettinger Jimena González de Cossío Zulon Begum Hanim Hamzah Adrian Peyer Elsa Chen Julie Morrison Migle Petkeviciene Tobias V. Carys Clipper Pamela Cone, ISSP-SA Fernanda Stefanelo Ana Martínez-Pina Jessica Ha Luis Gabriel Morcillo David Schreuders Wangui Kaniaru Michael Burke Stephen Revell Moray McLaren Richard Martin Yulia Fedorenko Rosina Muller Bernar
Last week our partner Robert F. van Beemen was in Paris for the International Bar Association Annual Conference; a unique event for legal leaders. It was a week full of meetings with clients and relations, interesting sessions and participation in four panels on ESG, receptions at the most beautiful locations Paris has to offer and of course the Law Firm Management Committee retreat at Gide's office. Back at the office and after some time to reflect, the overarching and most important take-away was the increasing importance of current geopolitical and geo-economic developments on the strategic priorities of law firms in 2024. As expressed by a managing partner, until recently law firms were expected to be Independent, Neutral and Silent, in today's world with shifting world powers, wars and conflicts in Europe and the Middle East, climate change, AI and economic trade wars, law firms are expected to make a difference, take a stand and get involved in today's social issues. In the coming weeks, DRB Search & Selectie | Strategie | Coaching will zoom in further on the key findings and what they mean for legal leaders in 2024. Stay tuned! #ibaannualconference #iba #drb #paris #legal
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🌟 We're honored to announce that Juris Corp has been recognized as a Recommended Law Firm in The Legal 500 Asia Pacific Green Guide! 🏆 This acknowledgment reflects our commitment to Green Finance, Sustainable Finance, Clean Sources of Energy and more. Thank you to our incredible team for their dedication and expertise in these areas. Saurabh Sharma | Rupul Jhanjee #Legal500 #GreenGuide #GreenFinance #Sustainability #GreenLoans #SustainabilityLinkedLoans"
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Patricia Nacimiento, Bajar Scharaw, and Jacky Lui (Herbert Smith Freehills) discuss the European Commission's October 2023 Non-Paper that introduces Model Clauses for negotiating or re-negotiating BITs between Member States and Third Countries. Although not an official EU model BIT, the Clauses propose an approach to investment protection within an EU framework. Notable points include the definition of 'investor', the inclusion of a 'legality requirement', and addressing issues such as the right to regulate, non-stabilisation, and fair and equitable treatment. The Model Clauses also emphasise corporate social responsibility, sustainable development and compliance with international standards. On Investor-State Dispute Settlement (ISDS), it mentions arbitration without specifying venue or rules, aiming at a possible multilateral investment tribunal. The proposed code of conduct for tribunal members emphasises independence and impartiality. Overall, the Model Clauses aim at consistency and harmony between Member States' BITs and EU law and policy. #disputeresolution #internationalarbitration #internationallaw #investmentlaw #investmentarbitration
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IBA’s Legal Practice Division, Business Law International has published in the latest edition of the journal - available now to members – the article 'The Impact of #ESG Considerations on #PrivateEquity and #VentureCapital Transactions: the Western Scenario'. At a global level, environmental, social and governance (ESG) considerations continue to have increasing relevance in M&A transactions. Undoubtedly, ESG factors have become key drivers in private equity (PE) and venture capital (VC) deals because a target’s strong ESG performance can increase its long-term value. On the other hand, a target’s poor ESG performance can create reputational and financial risks for the buyer. Because of this, it is crucial for PE and VC funds to assess ESG factors and the target’s alignment with them. With its Action Plan on sustainable finance, the European Commission has been a first mover, imposing a series of obligations and standards that have a direct impact on the European capital market, but also indirectly on markets in non-EU countries such as the UK and the US. When PE and VC funds operate in the European market and elsewhere they must now meet strong sustainability standards and expectations to attract capital and raise funds from investors in the Western Hemisphere. 👉https://lnkd.in/dGeC8HCQ Milena Prisco International Bar Association #esg #esginvestment #mergerandacquisition #venturecapital #responsibleinvestment #sustainablefinance #SFDR #GreenTaxonoy #corporatelaw #businesslaw #esgstrategy #privatecapital #stakeholderengagement ##euregulation #sdgs2030 #europeanmarket #esgfactors #esgrisks #corporategovernance
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In the face of globalisation, investment relations have increased exponentially in recent decades. However, there are discrepancies in the interpretation of legal concepts relevant to international investment contracts, and there is no international standard to guide the contractual relationship between states and private investors. The ICC Institute of World Business Law and UNIDROIT's joint triennial project on International Investment Contracts (IICs) aims to develop guidelines to promote the modernisation and standardisation of international investment contracts. Looking forward to take part in the presentation which will explore the interaction between the UNIDROIT Principles of International Commercial Contracts (UPICC) and the ICC Model Clauses. ICC Arbitration UNIDROIT - International Institute for the Unification of Private Law #arbitration #commercial #contracts #icc #modelclauses
On Thursday 21 March, #UNIDROIT and the ICC Institute of World Business Law will present the ongoing joint project on the UNIDROIT Principles of International Commercial Contracts (UPICC) and International Investment Contracts, during the Paris Arbitration Week. More information about this event, including instructions to register, are available at: https://bit.ly/3Pk59Cu
International Investment Contracts (IICs) Study – Joint Project with UNIDROIT
2go.iccwbo.org
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