How to Draft ESG Clauses in Contracts & Navigate Related Disputes

Introduction

Environmental, Social, and Governance (ESG) considerations are increasingly integral to corporate contracts, driven by regulatory requirements, investor expectations, and corporate social responsibility. Poorly drafted ESG clauses can lead to disputes, reputational damage, and legal liabilities. This session explores key elements of ESG clauses, the impact of emerging regulations, and best practices for drafting enforceable ESG commitments. It also covers strategies for managing ESG-related disputes, including the role of mediation in resolving conflicts efficiently. By the end of the session, participants will be equipped to draft effective ESG clauses and navigate potential disputes, ensuring compliance and risk mitigation.

In 2025, ESG compliance is an essential business strategy, not a voluntary commitment. With rising regulatory scrutiny, consumer expectations, and investor pressure, companies that fail to integrate ESG into their contracts face significant risks—ranging from supply chain disruptions and legal threats to reputational harm and fines. This Learn Live session is crucial for legal and compliance professionals seeking to ensure their contracts reflect strong ESG obligations. Attendees will learn how to draft clear, enforceable ESG clauses and gain insights into managing disputes through mediation to reduce risks and protect business relationships.

What You Will Learn

This live and interactive course will cover the following:

• The importance of ESG clauses in contracts - why ESG clauses matter in corporate agreements, key industries and contract types affected by ESG obligations and key parts of the regulatory landscape (EU Green Deal, UK ESG Disclosure, etc.)
• Best practices in drafting ESG clauses
• Navigating ESG-related disputes, including common sources of ESG-related disputes in contracts and how drafting dispute resolution clauses specifically for ESG-related breaches can support conflict management
• Policy drafting and stakeholder management by aligning internal policies with contractual obligations and developing internal ESG compliance teams and training programs
• Mediation and Alternative Dispute Resolution (ADR) for ESG disputes including
• The benefits of mediation over litigation
• Case studies of successful ESG dispute resolution
• How to integrate mediation clauses into ESG contracts

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.