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The ESG Litigation Guide provides detailed analysis of chosen European and international ESG litigation cases, both decided and pending. It includes details on the claims raised by the parties, the relevant legislation, public statements by interested parties, as well as links to judgements and press reports.
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Environmental, Social and Governance (ESG) litigation remains a developing field in Singapore. Many cases with a governance component involve the prosecution of individuals or companies for violating anti-corruption law. The large fines and custodial sentences in these cases highlight Singapore’s well-known emphasis on preventing and deterring corruption, in both the public and private sectors.
A second group of notable cases involve prosecutions for inadequate protection of workers' health and safety, or the health and safety of domestic workers. These cases illustrate the judiciary’s aim to clarify laws relating to the protection of employees, while also recognising appropriate rights for employer companies. Recent examples within this group include a case clarifying the position of an implied term of trust and confidence in employment contracts, and another case examining the obligations of a company with respect to an employee dismissed for alleged misconduct.
In contrast, case law involving the conflicts of corporate rights with environmental interests remains very sparse. Only one notable case exists in this area to date: it involves individuals who sought to sue certain companies for their failure to ensure sustainable development in Papua New Guinea. That case demonstrates the Singapore judiciary’s resistance to interpret existing legal concepts, such as fiduciary duty, in innovative ways so as to create rights or remedies relating to sustainable development. We expect this area to continue evolving incrementally over time.