Full Description
A thoroughly insightful and comprehensive discussion carried out by practitioners and academics from a range of jurisdictions across the globe, this book explores aspects of sustainability in financial and commercial contracts. The opening part concentrates on financial products and regulation in the context of ESG related investing. ESG stands for "environmental, social, governance" and describes aspects of sustainability not only in finance but also across all aspects of trading and commerce. It touches on a wide range of criteria of products and producers. It concerns supply chains as much as corporate governance and regulatory supervision. Aspects of legislative definitions are as important as enforceability of ESG promises both in terms of public and private liability. International experts from academia and practice comment on the transactional and regulatory framework in this field. The second part deals with procedural aspects of sustainability in connection with arbitral awards. Integrity, trust and confidentiality are emanations of sustainability in the social context. Parties to contracts and litigation are part of a wider trading community who rely on a certain architecture of dispute settlement frameworks. Practitioners discuss problems the independence of arbitrators. The concluding part deals with the topical discussions on the role of good faith and the emerging concept of relational contract in a comparative context. Practical applications in construction contracts, supply chains, the circular economy and in arbitration are explored as well as the notion of good faith in English, Scottish, Canadian, German, French and Polish contract law with a comparative emphasis.
Contents
Sustainable Finance and its Impact on Financial Contracts.- The administrative powers of supervising authorities on sustainable finance and emission disclosure.- Greenwashing, Climate-Washing And Litigation.- The regulatory engagement with crypto assets and the sustainability disclosure and reporting: An oxymoron?.- Climate change in banking and financial representative actions.- A new era of accountability: the shifting paradigms of arbitrator liability in international commercial arbitration.- A Principled Approach to Good Faith in Commercial Contracts across Civil and Common Law Jurisdictions.- Relational Contracts and Good Faith: the Relationship between Business Efficacy and Contractual Ethics.- Cooperation in construction law: easy as JCT?.- Good Faith in Canadian Contract Law and beyond.
