BRIEF

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Environmental, social and governance (ESG) parameters are gaining traction as crucial indicators for businesses to attract and retain investment and the continued confidence of various stakeholders. This progression, from “good to have” to “must-have”, has been painfully slow and asynchronous. Some jurisdictions have adopted tougher prescriptive requirements, while others have left it to businesses to act as good corporate citizens and adopt similar parameters.

 

However, the expectation – from regulators, investors, employees, civil society - is undoubtedly that businesses adopt these parameters and even then, not merely as window-dressing exercises. Recent judgments in courts law and public opinion are salutary lessons where businesses that have ignored these best practices have done so at the risk of erosion of stock value, consumer confidence and regulatory munificence.

 

India falls somewhere near the mid-point in the road map for adoption of these best practices (with some notable exceptions that have already set the gold standard irrespective of the lack of regulatory requirement), but the goal is clearly to get to a stage where Business and Human Rights (BHR) reporting, and compliance becomes derigueur across the spectrum. However, Indian companies operating via subsidiaries or with parent/affiliate entities in foreign jurisdictions, will already need to comply with BHR/ESG regulations, including specific due diligence and reporting, relevant to the respective foreign jurisdiction where they or their affiliates operate. Most regulations prescribe far-reaching consequences for non-compliance.

 

The aim of this event is to start a serious dialogue amongst a select set of industry professionals, lawyers (in-house and external counsel) and consultants on what to expect in terms of regulations, compliance and sanctions in relation to ESG.

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AGENDA

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• The Regulatory Progression of ESG in India

• Case studies from key sectors: ESG best practices

• ESG's Evolving Role in Corporate M&A Decisions

• What could possibly go wrong? ESG-related disputes, investigations and enforcement

• Increased pressure due to new international ESG regulations

• ESG, Fiduciary Duty and Shareholder Activism