Resolving ESG disputes in African jurisdictions through arbitration
17 december 2021 //
In recent years, our society has experienced an improvement in ethical standards on Environmental, Social and Governance (ESG) issues and a growing awareness of the systemic and financial consequences of climate change and environmental damage. This has generated new forms of risk that businesses need to grapple with in their operations and contractual relationships, which has given rise to new disputes. In the context of several other recent developments, we consider the role arbitration in South Africa (and other African jurisdictions) can play in resolving ESG-related disputes.