CESL European Executive Co-Dean Monty Silley was invited to speak at the 2025 High-Level Dialogue of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO), held in conjunction with the inauguration of ICDPASO’s new global headquarters in Beijing.

The inauguration marks a significant milestone for ICDPASO. The new headquarters is expected to serve as a hub for international legal cooperation and dispute resolution, offering facilities for legal research, dialogue, mediation, and arbitration.

The event brought together highly respected legal professionals, academic experts, industry leaders, and representatives from governments and international organizations to discuss evolving challenges in international commercial dispute resolution.

During the opening panel, Dean Silley addressed the growing significance of ESG (Environmental, Social, and Governance) legal issues in cross-border disputes. He noted that ESG considerations have moved beyond public expectations and are now increasingly codified into binding legal obligations. As such, ESG compliance is no longer merely a matter of corporate ethics or reputation, but often a mandatory legal requirement across many jurisdictions.

In answering a series of questions, Dean Silley highlighted the influence of ESG principles on the drafting of cross-border contracts and the design of dispute resolution mechanisms. For instance, ESG clauses are now frequently incorporated into bilateral investment treaties and arbitration forums are adapting to handle complex ESG-related claims. He emphasized the importance for legal and business professionals to understand not only hard law, but also the evolving body of soft law and international norms.

Particularly in international commercial arbitration, he observed how ESG is being invoked both as a sword—with claimants bringing actions based on ESG violations—and as a shield—with States defending regulatory changes that impact investor interests on ESG grounds. Dean Silley referenced recent EU cases where ESG-based claims were advanced and instances where enforcement of arbitral awards were blocked due to conflicts with ESG policy objectives.

Last year Dean Silley also spoke at the 2024 ICDPASO Conference in Xi’an, where he shared valuable insights on the prevention of disputes in cross-border commercial transactions. His return to the ICDPASO headquarters inauguration underscores his continued contributions to this organization’s international legal dialogue, promoting responsible and sustainable cross-border investments and business.