Investor Webinar: Investor-State Dispute Settlement (ISDS) & climate 'policy chill'
04 October 2024
Investor-state dispute settlement (ISDS) is an international legal regime that allows companies sue governments for compensation over policy measures that adversely impact their expected profits. Fossil fuel companies such as Shell, BP, Exxon, Glencore, Chevron, TotalEnergies, ConocoPhillips and Eni have all used ISDS to claim hundreds of millions, and sometimes billions of dollars, in taxpayer-funded compensation.
ISDS has been described as “a major obstacle to the urgent actions needed to address the planetary environmental and human rights crises,” and there is growing awareness that the use of ISDS by fossil fuel companies can have a powerful chilling effect on climate policy, undermining the goals of the Paris Agreement.
ISDS has been described as “a major obstacle to the urgent actions needed to address the planetary environmental and human rights crises,” and there is growing awareness that the use of ISDS by fossil fuel companies can have a powerful chilling effect on climate policy, undermining the goals of the Paris Agreement.
But it is not on the radar of many institutional investors, meaning companies are often wielding a powerful legal mechanism without adequate oversight.
To help institutional investors understand how ISDS affects their portfolios, The Australasian Centre for Corporate Responsibility (ACCR), Fair Finance International and the Centre for Research on Multinational Corporations (SOMO), would like to invite you to our forthcoming webinar: Investor-state dispute settlement (ISDS) & climate ‘policy chill’, to be held on Wednesday, 16 October 2024 at 2pm UTC/4pm CEST/10am ET.
In conjunction with the release of ACCR's new investor bulletin on the links between ISDS and climate policy, the webinar will discuss:
- Policy and regulatory chill – What risks does the use of ISDS pose for institutional investors when it is used to block positive climate policy?
- Protecting long-term value - Why is the climate-related use of ISDS an issue that threatens the long-term returns of diversified asset owners and managers?
- The lack of transparency of the ISDS regime – How can investors overcome and negotiate the obstacles this creates for oversight and responsible stewardship?
- Improving governance and setting expectations – How can institutional investors engage with their portfolio companies on ISDS?
Speakers:
- Adam Gillett, Senior Investment Manager in the Sustainable Ownership team of Railpen
- Dr Kyla Tienhaara, Associate Professor in the School of Environmental Studies and Department of Global Development Studies at Queen’s University
- Simon Batifort, Partner at international law firm Curtis Mallet-Prevost Colt & Mosle LLP
Speaker biographies:
- Adam Gillett is a Senior Investment Manager in the Sustainable Ownership team at Railpen, one of the UK’s largest pension funds, managing around £34 billion in AUM on behalf of 350,000 members. Adam leads Railpen’s climate change programme, and is also a member of the IIGCC climate lobbying working group.
- Dr Kyla Tienhaara is an interdisciplinary social scientist who studies the intersection between environmental governance and the global economy. She is Canada Research Chair in Economy and Environment, and an Associate Professor at Queen’s University.
- Simon Batifort is a partner at Curtis Mallet-Prevost Colt & Mosle LLP. Curtis is the leading firm in representing sovereign states in ISDS proceedings. Simon practices international arbitration and public international law, and lectures on ISDS and climate change.
