The Legal Aspects of the Environmental Component of ESG and Climate Change

SingCham Shanghai is delighted to co-host with the BritCham Shanghai for a sharing session to address the extraterritorial effects of climate/ environmental-related EU law for companies which surpass certain turnover thresholds in the EU or are involved in EU-related supply chains.

The event features as one of the Legal & Regulatory Committee's knowledge-sharing events, inviting speakers from Herbert Smith Freehills (HSF), SingCham and CIETAC to share insights on the most significant laws/ standards in the EU, and whether the enforcement of climate/ environmental-related contractual obligations throughout supply chains is best guaranteed by means of international commercial arbitration. The session includes the following two panels:

Panel 1:

This panel will highlight some of the most significant laws/ standards in the EU with extraterritorial effects, including the Corporate Sustainability Due Diligence Directive (CSDDD), the Corporate Sustainability Reporting Directive (CSRD), the European Sustainability Reporting Standards (ESRS), the Deforestation Regulation and the Batteries Regulation. The panel will explore on how these laws will trigger contractual obligations which will have to be contractually cascaded throughout supply/ value chains reaching small and mediums-sized entities and companies being part of such supply/ value chains. Furthermore, the panel will share case studies involving multinationals such as BMW, Shell, Total Energies and RWE.

Panel 2:

This panel will focus on dispute resolution-related issues which arise in connection with the breach of climate/ environmental-related obligations contained in supply chain contracts (including subcontracts, etc.). Panellists will share insights on whether international commercial arbitration is indeed the ideal means to resolve climate/ environmental-related disputes involving multiple and different parties, contracts, and supply chain tiers. The panel will also delve into the increasingly important topic of climate litigations.

Welcome Remarks

1. Prof. Adolf Peter, Shanghai University of Political Science and Law
2. Jason Jia, Secretary General, China International Economic and Trade Arbitration Commission (CIETAC)

Panel 1

Panelist

1. Prof. Adolf Peter, Shanghai University of Political Science and Law
2. Antony Crockett, Partner, Hongkong, HSF
3. Weina Ye, International Partner, Kewei, Mainland China, HSF
4. Tracy Xie, General Manager E-mobility & Strategic Growth, Shell Mobility Asia, Shell Eastern Petroleum (Pte) Ltd

Moderator

1. Julia Zhang, Partner, HAIWEN & PARTNERS

Panel 2

Panelist

1. Monica Sun, Partner, Mainland China, Latin America Group, HSF
2. Kang Yanyi, Partner, ALLEN & GLEDHILL
3. Zheng Han, Partner, Jin Mao Law Firm
4. Ameline Ho, Manager (Legal), Strategy & Development, Singapore International Arbitration Center