International arbitration report
In this issue, we cover a broad spectrum of ‘hot button issues’ for boards and companies operating internationally.
Since the global financial crisis, there has been an ever-increasing focus globally on holding those in senior positions within regulated financial institutions accountable for their actions. This phenomenon has forced firms to adapt and prepare their practice for the implementation of new and more scrupulous obligations.
Our Individual accountability hub has been created on the NRF Institute to provide a comprehensive understanding of the new expectations for anyone preparing for, and needing to comply with, individual accountability obligations across the globe.
Also available via the hub is our SMCR Toolkit, a subscription-only, cost-effective service providing access to all of the key documents that firms need to implement the regime within their business.
To request access to ‘Individual accountability hub,’ please register to join NRF Institute.
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On May 26 2021, the district court of The Hague rendered a ground-breaking judgment in collective action proceedings initiated by several non-governmental organizations (including Friends of the Earth (Milieudefensie)) (the NGOs) against Royal Dutch Shell plc (Shell). The NGOs claimed, in short, that Shell had to reduce its overall CO2 emissions by at least 45% from 2019 levels, by the end of 2030 (the Target Reduction). The court ruled in favour of the NGOs and ordered Shell to reach the Target Reduction (the Shell Case). This is stated to be the first time that a court ordered a company to reduce its CO2 emissions in line with the climate goals included in the Paris Agreement.
As a reminder, article 225 of the Finance Law for 2021, upheld by the French Constitutional Supreme Court in its decision dated 28 December 2020, allows the French government to reduce the solar feed-in tariffs for a limited number of contracts entered into under decrees dated 10 July 2006, 12 January 2010 and 31 August 2010, for PV power plants of more than 250 kW.
© Norton Rose Fulbright LLP 2021