Louise Barber 

Of counsel 
Herbert Smith Freehills Kramer 
London 

Why ESG/sustainability law? 

ESG disputes work is both meaningful and energising, tied up with some of the biggest challenges the world is facing today. It involves constantly evolving legal requirements, which are often rooted in complex policy decisions and wider geopolitical issues. Long periods in in-house roles in the energy sector have helped me better understand how big companies manage these risks. 

While my background is in international arbitration and public international law, working in the ESG space has vastly expanded the types of disputes I work on, with my experience now including consumer class actions, shareholder claims, ESG-related contractual disputes, claims under human rights law and disputes in a range of quasi-judicial fora, across sectors as diverse as financial services, consumer products, energy and infrastructure. ESG disputes force you to be nimble and to see the connections between developments across the world. 

A pivotal decision I’ve made  

I grew up in Australia, and choosing to make my career in London was a very big leap. London is an extraordinary centre for international dispute resolution, and I’m so grateful to have had the opportunity to develop as a lawyer with the benefit of that world-class expertise around me. The experiences I have had over my career have included such momentous, challenging and unusual disputes that I cannot imagine encountering anywhere else in the world.  

However, it has been interesting to see the ESG disputes space increasingly challenging that centre of gravity. The global nature of developments in the ESG space, including the ways regulators learn from each other and litigants learn from tactics across different jurisdictions and sectors, means that important developments are just as likely to come from South Africa, Colombia, New Zealand or South Korea as they are from Europe. Having one foot in Australia – an important jurisdiction for ESG disputes – has been really valuable in this respect.   

The most interesting place my job has taken me 

Being in the room where key decision-making is taking place is always fascinating. Discussing green hydrogen legal frameworks with government ministers from African jurisdictions, sitting in a virtual crisis centre with a business awaiting the decision of the International Tribunal on the Law of the Sea on a maritime boundary or working alongside the leaders of some of the world’s biggest industries in responding to unfolding environmental risks – these have all been impactful experiences for me.  

Everyone’s talking about… 

An area of growing activity for me has been disputes involving carbon offset projects, with the enthusiasm for carbon offset investments in recent years having turned into an increasingly active disputes space as challenges are made to the integrity of the projects and the claims made in connection with them.  

What’s next in ESG/sustainability law? 

While there has been a lot of focus on ESG disputes driven by regulators and civil society, a major growth area is commercial disputes arising from the energy transition and climate change, namely the business-to-business friction from companies managing the uncertainty around their own risks and supply chains. The commercial disputes arising from ESG issues are often overlooked in favour of the more headline-grabbing decisions, but they are growing in number and significance. This includes ESG issues developing in less obvious areas of practice, like in space law, where the environmental impacts of space debris, launches and satellites are coming into focus. 

References 

“Louise combines a deep understanding of commercial dispute resolution with public international law and ESG issues, particularly climate change and human rights. ESG is clearly an increasing area of focus for her, and in my view her expertise and skill set make her well placed to advise corporates on ESG disputes. Although we have not worked together directly on a matter, in my interactions with her over the last few years she has always come across as engaged, knowledgeable, courteous and a pleasure to be around. I am delighted that Herbert Smith Freehills Kramer has nominated her for this recognition.” Kate Wilford, principal, legal – sustainability, regulatory and corporate disputes, Anglo American

“Louise is a core member of the leadership of the international arbitration and public international law team at Herbert Smith Freehills Kramer LLP. She is a first-class technical lawyer and genuine ESG expert. Her ESG disputes expertise has been developed over many years, building the firm’s own internal networks, know-how and thought leadership (eg her innovative publications on ESG risks in commercial disputes), and working at the most senior levels with our largest clients both in key strategic advisory roles and on major disputes. I hold Louise in the highest esteem and have no hesitation in recommending her for this recognition.” Andrew Cannon, global co-head of international arbitration and public international law, Herbert Smith Freehills Kramer