London Dispute Resolution and ESG Partner Sarah Ellington and Associate Lauren Satill consider five key trends to watch out for in 2024:

1. Increased focus on value chain due diligence

2024 will see continued and greater emphasis on global value chain due diligence, spearheaded by the EU Corporate Sustainability Due Diligence Directive ("CSDDD") recently approved by the EU institutions. Due to the suspension of legislative proposals in some other jurisdictions, due diligence complaints before OECD national contact points will continue, especially against financial institutions that are not currently covered by the CSDDD.

2. Continued focus on advertising "sustainable" products

Environmental groups are increasingly turning to courts and other official bodies to question whether some industries' sustainability claims can be supported. Such industries are still in a transition phase with production/use growth planned before the wholesale adoption of "green" technologies and/or where the adoption of "sustainable" practices is adopted only in relation to a small part of the company's business. . In 2023, fossil fuels and the aviation industry came under particular scrutiny. In 2024, the sectors affected by this trend may expand. The 2023 updates to the OECD Guidelines for Multinational Companies contain new recommendations for businesses to adapt to internationally agreed climate change and biodiversity targets and may also facilitate related complaints.