NEWSLETTER ICC NL - Q3-2024

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CONTENTS

In this newsletter, we reflect on some of the critical discussions lie in store for the final quarter of the year. With key it’s clear that the last few months of 2024 will be as busy

TALKING INTERNATIONAL TAX REFORM WITH TATYANA STEPANOVA

Explore how the OECD’s Two-Pillar Solution could redefine the way businesses navigate global tax frameworks and what this shift means for multinational enterprises operating across borders. Gain insights from Tatyana Stepanova on the future of international tax. TALKING

Dr. Alexandra de Hoop Scheffer discusses the geopolitical shifts between the US, China, and the Global South, and how European businesses can stay resilient in a rapidly changing world order. Learn about the strategies businesses can adopt to remain competitive amidst global power shifts. NAVIGATING

On September 3rd, ICC Netherlands partnered with Eversheds Sutherland to host an in-depth session on navigating ESG compliance. Attendees were briefed on new EU regulations which are shaping the future of corporate governance and sustainability practices. Participants also learned how to manage disputes related to climate change and greenwashing, while learning about the role of Alternative Dispute Resolution in resolving ESG and climate disputes.

In the face of rising litigation costs and time-consuming processes, businesses are increasingly turning to mediation as a more efficient way to resolve disputes. Experts shared their insights during the ICC’s recent webinar, highlighting the advantages of mediation, including its high success rate, confidentiality, and ability to maintain business relationships. Participants left with a deeper understanding of how mediation can be a powerful tool in resolving business conflicts, while saving time and money.

ANNUAL FORUM:

Mark your calendars for November 5th! Our Annual Forum will gather industry leaders and experts to discuss innovative approaches to dispute resolution in the business world. From mediation to arbitration, this event promises to deliver cuttingedge insights that will help companies manage conflicts more effectively.

discussions and insights from recent events, while also looking ahead to the exciting initiatives that events like the Week of Integrity and the ICC Annual Forum on Dispute Resolution on the horizon, busy as they are transformative.

WTO FORUM INSIGHTS

Get an exclusive look into the recent discussions at the World Trade Organization in Geneva. As the global trade landscape continues to shift, find out how policymakers are working to address modern business challenges, from sustainability to international trade barriers.

ADVANCING TRADE THROUGH DIGITALISATION

Our Digitalization Working Group is making significant strides in advancing trade by streamlining both physical and digital processes. Find out how the group’s work is helping Dutch businesses embrace digital transformation and stay competitive in an increasingly digitalized global marketplace.

11TH ICC MARKETING CODE

With the release of the 11th edition of the ICC Marketing Code, businesses now have updated guidelines to navigate modern marketing challenges. From influencer marketing to the use of AI in advertising, this new edition is an essential tool for ensuring responsible marketing practices. Stay tuned for the Dutch version, set to launch in January 2024.

As we prepare for the Week of Integrity, scheduled from December 9th to 14th, we held a productive Partner Meeting in September, welcoming many new faces. This year’s opening event will be held in close collaboration with Transparency International. We will provide a comprehensive toolkit, including the Integrity Game, dialogue guidelines, and case studies, all designed to foster ethical business practices. Be sure to register for the closing conference, “Building a Future of Integrity,” where we will delve into the intersection of integrity and sustainability in alignment with the SDGs.

Introduction

Over the past months, ICC Netherlands has engaged in numerous insightful discussions, events, and initiatives, all aimed at helping businesses navigate the evolving landscape of international trade, digitalization, and ethical practices. This newsletter brings you highlights of those activities and looks ahead to what promises to be an exciting and impactful final stretch of the year.

We will delve into the complex world of international tax reform, with insights from Tatyana Stepanova on the OECD’s Two-Pillar Solution. Her analysis on the conflicting tax rules from the UN and OECD offers clarity to businesses navigating these uncertain waters. Alongside, Dr. Alexandra de Hoop Scheffer is exploring the rising geopolitical tensions between the US and China, and the growing influence of the Global South. Her perspective provides crucial strategies for European businesses to remain competitive in an increasingly fragmented global economy.

Events have also played a significant role in shaping conversations within our community. The ICC Netherlands and Eversheds Sutherland event highlighted the latest challenges around ESG litigation and the role of Alternative Dispute resolution strategies, while our participation in the WTO meetings in Geneva brought crucial insights on how businesses need to adapt to global trade developments. The importance of collaboration and digital transformation was reinforced through the work of the Working Group on Digitalization, which continues to advance efforts to create a Proof of Concept for streamlining both physical and digital trade processes. This work is crucial in preparing Dutch businesses to thrive in an increasingly interconnected global market.

Looking ahead, the final months of the year are shaping up to be full of activity and opportunity. We have kicked off the next series of events with the Mediation Webinar on October 2nd, where businesses had the opportunity to explore how mediation can be a valuable tool in resolving disputes efficiently. This is followed closely by the ICC NL Annual Dispute Resolution Forum on November 5th, where experts from across industries will gather to discuss the latest innovations and trends in dispute resolution.

The Week of Integrity (December 9-13) is set to be one of the key highlights of the year. This week-long event will focus on promoting ethical business practices, concluding in a conference that will feature expert discussions and hands-on sessions. The event will also mark the official launch of the Integrity Game, a unique tool designed to engage businesses in ethical decision-making aligned with the Sustainable Development Goals (SDGs). In preparation for this, we will host a partner meeting on November 12th to finalize the Week of Integrity program.

In the marketing realm, the recent launch of the 11th edition of the ICC Marketing Code brings significant updates to reflect current trends in influencer marketing, AI, and environmental claims. Dutch businesses operating internationally will benefit from the upcoming Dutch translation of the Code, which will be available in January 2024, alongside a webinar designed to guide businesses through these new guidelines and ensure compliance with both global and local standards.

With so many key discussions, innovative tools, and important events coming up, there’s a lot to look forward to. We invite all members to stay engaged, participate in the upcoming activities, and continue to play a role in shaping the future of responsible and forward-thinking business practices.

Talking International Tax Reform with Tatyana Stepanova

Policymakers around the world are working together on a set of tax reforms that significantly change how multinational businesses are taxed. To get a grasp on the most recent developments and drivers regarding international tax reform, we spoke to Head of Tax Policy at Shell and member of the ICC’s Global Tax Committee Tatyana Stepanova. In addition, this interview explores the ICC’s role in reform and the impact that these developments could have on internationally active companies.

Please note: the views expressed by Tatyana are her own and are shared in her capacity as a member of the ICC Global Tax Committee.

What are the significant developments in international tax reform?

The most notable development of the last several years is the OECD Two-Pillar Solution to Address the Tax Challenges of the Digitalised Economy involving: revised profit allocation rules to enable re-allocation of taxable profits to market jurisdictions (Pillar One); and a global minimum level of taxation (Pillar Two).

The negotiations concerning this Two-Pillar framework between the OECD and the countries participating in its Inclusive Framework are still ongoing. However, while there is still uncertainty about the final Pillar One Multilateral Convention (MLC) and whether there will be sufficient uptake by countries for the MLC to come into force, the Pillar Two minimum tax framework has now become a reality. Many countries have now adopted the rules, and businesses have started reporting their tax impact from Pillar Two. Significant effort is going into preparation for compliance with the rules both by businesses and countries.

Another important development on the international tax agenda is the UN initiative to establish the UN framework convention on international tax cooperation. Last year a group of developing countries called for the creation of a more inclusive process for designing global tax rules with the UN in the lead. This would potentially create a competitive process to that of the OECD which has been traditionally a setter of standards on matters regarding international tax. Fast forward to today, and we have the Terms of Reference for a Framework convention on tax drafted by the specially

created UN Ad Hoc Committee comprising a diverse group of representatives of 20 countries. The package will now be voted on at the UN general assembly this autumn. Work will then continue with the drafting and negotiation of the text of the convention itself, with two early protocols expected to be completed in 2027.

What are the main drivers for international tax reform?

The OECD Two-Pillar solution was largely driven by two factors:

• concerns that the existing taxation principles that allocate profits based on physical presence are no longer suited for digital and other emerging business models. Taxes for digital services were introduced by some countries in an attempt to resolve this issue. However, this led to more divergence and more uncertainty for businesses. Something needed to be done to restore that equilibrium which led to the concept of the Pillar One, and

• the desire to fight international tax competition and tax avoidance by creating a tax floor leading to the creation of the Minimum Tax framework of the Pillar Two. The UN initiative came partly as a response to the OECD and inclusive framework process of formulating and negotiating the Two-Pillar framework. In the eyes of some of the developing countries, that process was not sufficiently inclusive and needed to take better account of the needs and capacity of the developing countries.

What needs to happen so that international tax reform meets the expectations?

The promise and the expectation of the reform is to bring more stability and certainty to the international tax framework achieving that through inclusive tax cooperation. From a business perspective, it is critical that the UN process does not create divergence of tax principles and standards leading to even more uncertainty. Uncertainty damages confidence of businesses and that means less cross border trade, less investment, less innovation and growth. As such, it is important for the UN proposals to be complimentary to the existing instruments such as those of the OECD and to the extent that any new instruments are created, they need to work together with the existing instruments.

Another important principle for any new rules, is that they should be simple and easy to administer. Unfortunately, what we see with the Two Pillars is the enormous complexity. Finding ways to continuously simplify using a risk based approach such that the new requirements focus on the areas of highest tax risk will be the key to ensure these frameworks are a success.

Take Pillar Two as an example: while the complexity and investment required to comply is massive, many multinational companies do not expect to pay material top-up tax as a result of the Pillar two legislation. The investment required by these companies as well as by the tax administrations into compliance is therefore disproportionate to the amount of tax outcome. Further simplification, such as permanent safe harbours for example, is needed to make Pillar Two administrable and effective.

Finally, it is important to mention capacity building. Tax certainty for taxpayers relies on clear tax rules to prevent misinterpretation and disputes. This certainty also depends on well-equipped and proficient tax administrations, which are essential for consistent and reliable tax enforcement. Well-prepared and knowledgeable tax administrations are vital to provide the clarity and support necessary to achieve the goals of the international tax reform.

Can you highlight ICC’s role in these changes?

ICC has a status of a permanent observer to the UN National Assembly. ICC global and ICC country organizations have closely followed all UN negotiations around the Framework tax convention.

ICC has relentlessly presented the views of its tax committee members during these negotiations, emphasizing the critical factors for this initiative to succeed that we discussed earlier:

• The importance of tax certainty and avoiding fragmentation and inconsistency of tax frameworks.

• The need to complement existing frameworks and instruments.

• Active engagement of businesses in the process of drafting the Framework Convention and the protocols through structured dialogue and consultations.

• Simple and easily administrable rules.

In addition to being actively involved in the UN framework convention process, the ICC tax committee provides business feedback on other important global tax developments and initiatives such as the UN Tax Committee of Experts, OECD Pillars, EU tax policy proposals, Platform for Taxation in Latin America and the Caribbean and others via consultations and representation in various forums.

What impact will international tax reform have on multinational businesses?

The biggest fear of businesses is that new developments will lead to inconsistency and potential for double taxation, making the international tax environment less certain and stable to operate in. The OECD Pillar Two package is very complex. The UN process may introduce even more complexity and potential for conflicting rules and interpretations. In addition, both processes are drawing on the same human resources from the tax administrations and tax policy makers in the countries. This is stretching tax administrations, especially in developing countries where capacity is already an issue. What businesses need is tax certainty and stability so that companies can continue to invest domestically and internationally and innovate without tax barriers, knowing what the tax outcome is going to be. At present, it seems that these new developments may create more uncertainty for businesses and risk of double taxation, rather than less, at least in the short term. Finally, implementation of the new rules demands companies to make significant investment in data, systems, processes and people in order to comply.

Do you have any recommendations for companies dealing with international tax reform?

It is important to closely follow the developments and find channels through which you can make your voice heard. Taxpayers’ engagement is essential for the sustainable tax framework. Businesses can provide valuable insights into their business models, compliance challenges related to new policies, and firsthand experiences of how issues arising from inadequate international tax cooperations may be hurting international business operations. Participation in ICC global or where available ICC local tax committees are good opportunities to stay involved.

Talking geopolitics with Dr. Alexandra de Hoop Scheffer

Dr. Alexandra de Hoop Scheffer is the President of the German Marshall Fund thinktank and a renowned expert in European affairs, transatlantic and international relations. She advises governments, companies and financial institutions on the political, economic and geopolitical risks and trends impacting their strategies, and helps them develop both early-warning and forward-looking decisionmaking. Here she answers some of our questions about the current state of global geopolitics, the impact of US-China competition, and the rise of the ‘global south’. She concludes with her top five tips for companies navigating the geopolitical landscape.

Can we start off with a broad definition... what is the current state of global geopolitics?

Despite having worked in this field for 20 years now, I am still struck when I hear highranking political or industrial decision-makers say that ‘geopolitics is back’ when the fact is that geopolitics has always been here; it has always been relevant. What we are seeing today is not the return of geopolitics, but rather 1) accelerated pace of change: geopolitical shifts are occurring more rapidly, making their impacts more noticeable; 2) direct business impact: companies are experiencing more immediate and tangible effects of geopolitical events on their operations; 3) complexity of crises: the intertwining of various geopolitical issues (e.g., trade wars, technological competition, and regional conflicts) is creating more complex challenges; 4) erosion of post-Cold War stability: the relative stability of the immediate post-Cold War era is giving way to more volatile international relations. These trends are making companies realise that geopolitics actually impacts their daily business.

Of the many current geopolitical crises, what main issues stand out from the rest?

The number one factor driving geopolitical trends today is the escalating competition between the US and China. This is first and foremost a technological competition, a rivalry that is fuelling many other issues. This is affecting global governance; we saw this during Covid when the World Health Organization was unable to act; we see it with the United Nations Security Council which is completely paralyzed by power politics.

So these post-World War Two organisations that are supposed to foster a collective response to global issues are not working anymore – again, fuelled by the US-China competition. And finally, going back to why things are so dramatic today, the US-China competition is fuelling the assertiveness of new powers on the global scene. What are the implications of the US-China relationship being ‘first and foremost a technological competition’?

From the Washington angle, if China becomes the technological superpower, it will become the de facto 21st century military superpower. The pace of innovation is so fast, and that’s what scares the United States because technology – in the American vision – spills over into the military domain. With the US trying to innovate faster than Beijing, Europe has become the collateral damage of new American legislation such as CHIPS [the Chips and Science Act of 2022] and IRA [the Inflation Reduction Act of 2022] that have been implemented these past few years. This means that a European company operating in the US market needs to take into account these deep trends in US politics.

So how can European companies not become collateral damage of the US-China rivalry? How can they contribute to boost Europe’s capacity?

I see the European private sector playing a real role in strengthening Europe in the three critical domains of defence, digital, and energy. This can be achieved by reviewing market investments while de-risking from China and applying insights gained from the war in Ukraine to potential scenarios involving China: the challenges faced with Russia could potentially arise with China, necessitating proactive measures to safeguard European interests and values. This requires creativity, rethinking alliances, strategic partnerships and reassessing investment strategies. In this process, it is important to note that companies are not limited by short-term political cycles. A company thinks in terms of a long term plan. This long-term perspective allows companies to address complex challenges like climate change, technological disruption, or geopolitical shifts more comprehensively. It enables businesses to play a crucial role in areas where political action may be constrained or inconsistent. So who is responsible for solving geopolitical issues…. governments or companies?

When addressing complex issues such as technology, energy, or healthcare, the private sector possesses invaluable field experience and specialized knowledge that often surpasses that of government entities. This expertise gap underscores the critical importance of robust exchanges between the private sector and political decision-makers. Geopolitical conversations should never be carried out with just political people or just corporate people. You need to incentivise private and public decision-makers to speak and to exchange views, perspectives and experiences. Along with my team of experts, I have developed forums, small-committee workshops and networking opportunities that facilitate open exchange of views, perspectives, and experiences. This is a time where we really need to work together, this is the way to move forward together and not separately.

You mentioned the assertiveness of ‘new powers on the global scene’. Are you referring to the global south?

Yes, countries like India, Turkey and Brazil which we call the global south or pivotal powers. These countries have never been as strong or influential as they are today. As such, we cannot solve any global issues – health, climate change, energy or tech –without bringing these countries into the conversation. We need to totally rethink the way we have been operating and investing in these regions.

How important are these countries in the way that companies de-risk from China?

I see this everywhere: companies are reviewing their investments and strategies in and with China. This is a de-risking policy. There is a huge rush to the Indian market as an alternative to Southeast Asian countries. Mexico is another one of the big winners as US companies move away from the Chinese market to reinvest in Mexico. Another trend that I’ve seen accelerating is that companies are increasingly looking at Africa because of its natural resources. But there is huge competition in Africa – the African continent has itself become a chessboard for US, Chinese and Russian competition. At the recent Forum on China-Africa Cooperation Summit, for example, China recently announced plans for a $51 billion investment over three years, aimed at increasing cooperation in industry, agriculture, infrastructure and trade.

Of course, the consequence of companies de-risking from China is that China will find business elsewhere.

Exactly. The China-Turkey relationship is a really interesting example of this. China’s car giant BYD announced in July that it was going to build a billion dollar factory in Turkey to build electric cars at a time where the EU Commission has been limiting the imports

What is the German Marshall Fund?

GMF is a transatlantic Think-and-Do Tank committed to strengthening cooperation between the United States and Europe in a shifting global order. Our mission is to foster a resilient and dynamic partnership and develop innovative solutions to address shared challenges. GMF’s unique strength lies in our extensive network of offices strategically positioned across the Atlantic: our headquarters is in Washington, DC, and we have offices in Paris, Brussels, Berlin, Warsaw, Belgrade, Bucharest, Madrid, and Ankara, as well as a large, global network of fellows, particularly in Asia. Our work is characterized by a distinctive multi-layered approach: from convening to policy recommendations, we bring national, panEuropean, transatlantic and global policy insights into the most pressing domestic and international issues. We work very closely with governments, corporates and civil society on both sides of the Atlantic.

Geopolitics is often closely associated with risks. Is there any way that companies can turn the risks into opportunities?

In my approach to geopolitics, I always balance the risks and opportunities. For a company, it’s vital to have a horizon of opportunities and the opportunities are quite clear to me. The world order – or rather the geopolitics of alliances – is being redefined. While we are in this transitional phase, we actually have the capacity to influence what the world will look like tomorrow.

Do you have any ‘geopolitical advice’ for companies operating internationally? What should their list of best practices include?

There are a few best practices that should be fully integrated in any European company’s strategic thinking today. The first is to think global and hybrid, meaning that a risk that doesn’t seem very impactful at the beginning might be impactful in the months or years to come. The second is to think disruptions and continuities. Of course, you must think about the black swans, the crises and disruptions, but you also need to integrate what will not change. Taking the upcoming US elections as an example, of course you need to look at potential ‘Trump disruptions’. But you also need to look at what will remain the same from a company’s perspective. American protectionism, extraterritorial and political pressure on European companies, for example. The third thing is building flexibility and diversification. A company really needs to be able to resist shocks. To do this, you need to continuously revise and review the ‘risk mapping’ of a company. This builds resilience and a better capacity to react. The fourth is to rethink partnership strategies. This involves a more diversified way of investing and doing business, which is linked to de-risking from Russia and China. And the last thing is how do you think as a European company, as being part of European success in the three transitions of energy, digital and geopolitical. How do you become a leverage, an asset for the future of Europe at a time where it needs to boost these three important issues?

What is your role at the German Marshall Fund?

I am the President of the German Marshall Fund. In my previous capacity as Senior Vice President for Geostrategy, I developed and led GMF’s geopolitical policy work and risk advisory. We help governments, companies and financial institutions to navigate the fast changing geopolitical environment.

Can you briefly explain how you do this?

First: early warning. We help organisations identify emerging issues that might not have been yet recognized. Second: forward looking. Despite the short-term crisis management happening within both governments and companies at the moment, we help organisations gain a sense of how to better anticipate future trends. And third: country deep dives. This is to zoom in on a specific country or market. Thanks to our geographical footprint or experts on the ground, we provide organisations with first-hand information on a specific country.

Navigating ESG Compliance: Hosted

On September 3rd, 2024, Eversheds Sutherland, in collaboration with the International “Navigating ESG Compliance” at their Amsterdam offices. The event brought the evolving landscape of Environmental, Social, and Governance (ESG) compliance,

1. Corporate Sustainability Reporting Directive (CSRD):

The event kicked off with a deep dive into the Corporate Sustainability Reporting Directive (CSRD) by Tom van Wijngaarden. This new EU regulation sets mandatory sustainability reporting requirements for large EU companies and groups, with progressive deadlines for implementation. The scope of CSRD was elaborated, covering large EU public interest entities, SMEs, and non-EU companies with significant EU operations. The importance of aligning sustainability reporting with financial reporting and the role of corporate governance in ensuring compliance were emphasized.

2. Supply Chain Responsibility - The Corporate Sustainability Due Diligence Directive (CSDDD):

The second session, led by Judith Vieberink, focused on the Corporate Sustainability Due Diligence Directive. This directive requires companies to integrate human rights and environmental due diligence into their business models. The directive mandates that companies identify, prevent, and mitigate potential adverse impacts within their supply chains. Speakers highlighted the challenges for companies, including cost implications, administrative burdens, and the need to engage stakeholders throughout the supply chain.

by Eversheds Sutherland & ICC

International Chamber of Commerce (ICC), hosted an event focused on brought together legal experts, corporate leaders, and policymakers to discuss compliance, particularly in light of new EU regulations.

3. Climate Change and Greenwashing Disputes:

Marie-Hélène Berghuijs and Thera Adam-van Straaten led a session on the growing number of disputes related to climate change and greenwashing. They explained how climate litigation has increased as companies face lawsuits for failing to meet environmental goals or for misleading claims about sustainability. The session emphasized the importance of due diligence in avoiding such disputes and the growing role of transparency in sustainability efforts.

4. The Role of Arbitration and ADR in Resolving ESG and Climate Disputes:

The event concluded with a session led by Hélène van Lith on how arbitration and alternative dispute resolution (ADR) mechanisms can effectively manage ESG and climate-related disputes. As cross-border ESG disputes rise, the ICC’s Dispute Resolution framework provides a structured, efficient process for resolving conflicts that may arise from complex regulatory frameworks

Double Materiality in Sustainability Reporting:

Companies must focus on both the financial impact of sustainability risks and the company’s impact on the environment and society. This “double materiality” approach is at the heart of the new CSRD.

Supply Chain Due Diligence:

The due diligence process for sustainability reporting is expanding beyond the company’s direct operations to include indirect suppliers. This has profound implications as companies must ensure compliance across complex global supply chains.

Greenwashing is No Longer an Option:

With increasing scrutiny from regulators and consumers, businesses must be transparent about their sustainability efforts. Misleading claims will lead to reputational damage and potential legal challenges.

Arbitration for ESG Disputes:

As ESG regulations become more stringent, arbitration and ADR will play a crucial role in resolving disputes that arise from differing interpretations of sustainability obligations, particularly across borders.

Closing Remarks:

The event provided an opportunity for legal experts and corporate leaders to reflect on the challenges and opportunities in navigating the increasingly complex world of ESG compliance. As regulations evolve, companies must be proactive in aligning their operations with these new standards, and stakeholders across the business spectrum must work collaboratively to ensure a sustainable future.

Special thanks to Eversheds Sutherland for hosting this insightful event and providing an invaluable platform for knowledge sharing and collaboration on these critical issues. By fostering continued dialogue and innovation in the ESG space, companies can not only meet their compliance obligations but also lead the way in building a more sustainable and responsible global economy.

Key Insights from the ICC Webinar

Unlock the Power of Business-to-Business Mediation

As litigation processes become increasingly lengthy, costly, and often unsatisfying for both sides, businesses are turning to more efficient and amicable dispute resolution methods. At ICC’s recent webinar, “Unlock the

Power of Business-to-Business

Mediation,” several industry experts discussed the benefits and strategic advantages of mediation in business conflicts.

Why Choose Mediation?

Mediation offers a range of compelling benefits. Ulrich Hagel, Chief Compliance & Security Officer at ALSTOM, Germany, highlighted its key advantages:

Quick resolution of disputes

Lower costs compared to litigation

High success rates

Confidentiality and flexibility

Applicability at all stages of a dispute

These factors make mediation an appealing option for businesses seeking a more sustainable and mutually beneficial resolution. Mediation isn’t just about reaching

Shifting Mindsets in Dispute Resolution

One of the challenges in adopting mediation lies in changing the mindset of legal professionals. Mary Walker AOM, an internationally accredited mediator and chair of the ADR Committee of the Litigation and Dispute Resolution Section of the Law Council of Australia, emphasized the importance of shifting lawyers’ mindsets from adversarial negotiation techniques to more collaborative approaches.

Jeremy Lack, a Geneva-based Attorney-at-Law & ADR Neutral, expanded on this, citing neuroscience research: “Most human beings, when involved in negotiation, tend to become positional. Most lawyers naturally negotiate from a positional point of view, trying to convince others of their correctness. But in mediation, a different part of the brain—linked to optimism— engages. This could explain why mediation can succeed even when negotiations fail.”

Mediation encourages participants to move beyond positional bargaining to a more cooperative, interest-based approach, fostering understanding and empathy while preserving business relationships.

Confidentiality and Trust

Confidentiality is a core pillar of mediation, particularly in sensitive business matters. Mary Walker explained that mediation agreements ensure discussions remain private, allowing participants to speak freely, even in highly charged situations. The mediator’s role is to keep the conversation productive and guide parties toward resolution.

Success Rates and Real-World Examples

Business-to-business mediation boasts impressive success rates. In the UK, 72% of mediations are settled on the day, with an additional 20% settling shortly afterward. Ulrich Hagel shared how, even after multiple failed attempts at other dispute resolution methods, mediation often succeeds when parties are well-prepared. “You can do something to increase your success rate as a party,” he noted. “You need to know when to go to mediation, with which cases, and how to prepare.”

Alya Ladjimi, ADR Counsel at the ICC International Centre for ADR, highlighted that even in complex cases involving multiple contracts and technical expertise, mediation often leads to positive outcomes. However, she emphasized the importance of in-house counsels attending mediation sessions, stating, “Please participate in the mediation, attend the mediation session, and don’t let your lawyers handle it alone.”

Mary Walker highlighted the importance of the definition of success: “Success in mediation can mean many things—identifying and solving issues, owning the case, and setting a

Reversing the Question: Why Not Mediate?

Marnix Leijten, Arbitration & Litigation Partner at De Brauw Blackstone Westbroek, challenged misconceptions around mediation. “What I started to do is reverse the question: why not mediate?” he asked. He encouraged businesses to look past the outdated caricature of mediation as a passive process and see it as a proactive tool for conflict resolution.

Clarity and Process in Mediation

Eve Pienaar, a CEDR-accredited commercial mediator, discussed the importance of clarity in the mediation process. She explained that the confidentiality of mediation— both during the sessions and afterward—allows parties to engage in honest discussions. “A part of my job as the mediator is to translate intentions, build trust, and engage in productive dialogue,” she said.

Eve also noted that while mediation often leads to settlements, it’s not always about keeping the relationship intact: “Sometimes, it’s about talking about how we part ways—it’s not always about keeping the relation.”

The Future of Mediation

The webinar concluded with a call for businesses to embrace mediation as a proactive tool, not just a fallback when negotiations fail. As Bart Neervoort, MfN, IMI, and CEDRcertified Mediator, aptly put it, “Let’s train the next generation in how to solve disputes in a different way.”

With its many advantages, ICC continues to promote mediation as a powerful, efficient, and flexible alternative to litigation. Whether through mediation clauses in contracts or early intervention when disputes arise, businesses are encouraged to integrate mediation into their dispute resolution strategies. We will continue this discussion at our upcoming event on November 5th, which will explore the various forms of dispute resolution, from litigation to mediation.

Register now for our November 5th event to explore cutting-edge dispute resolution strategies, from litigation to mediation.

Watch the full recording of the webinar on unlocking the power of business-tobusiness mediation for more insights.

Business-driven Dispute Resolution Strategies

5th of November 2024, Amsterdam, the Netherlands

Organised by:

12:00 - Networking Lunch

Join us for a networking lunch, offering a unique opportunity to connect with peers, share insights, and engage with leading professionals

Hosted by:

13:00 - Opening

Opening words by Reinoud Mangelmans, Head of Intellectual Property & Standards at Royal Philips

13:15 - Keynote

Discover FrieslandCampina’s approach to preventing and resolving commercial disputes by Amaury de Bruijn, Associate Director Legal - Litigation at Royal FrieslandCampina

13:45 - Behind the Scenes of ICC Arbitration

Engage in a conversation with Marieke van Hooijdonk, Partner at A&O Shearman and Vice-President of the ICC International Court of Arbitration, as she explores the role and significance of ICC Arbitration.

Sabrina Strassburger, representing the corporate perspective from her role at Damen Shipyards, will ask key questions that companies often have about ICC Dispute Resolutions Services (DRS).

14:15 - The Dutch Disputes Landscape

Gain the latest insights from our comprehensive survey on Dispute Resolution in the Netherlands.

Marnix Leijten, Arbitration & Litigation

Partner at De Brauw Blackstone Westbroek

Rogier Schellaars, Advocate & Arbitrator/ Partner at Van Doorne N.V. – International

15:00 - Panel Discussion

Examine the Lifecycle of a Dispute through an in-depth panel discussion. Our panelists:

Cyril Dumoulin Senior Legal Counsel Global Litigation, Shell International

Annet van Hooft Independent Arbitrator and Counsel, FCIArb

Davine Roessingh Partner Disputes & Sustainability, De Brauw, Lecturer Arbitration Law, VU Amsterdam

Thomas Stouten Partner International Arbitration and Litigation, Houthoff /ICC Court Member

16:30 - Fireside Chat

Wrap up the day with a Fireside Chat featuring Nadia Darwazeh, Arbitration Partner and Counsel at Clyde & Co and Rieme-Jan Tjittes, Partner BarentsKrans

Daan Beenders Partner and Head of Litigation, Van Doorne N.V

Moderator Katelijne Ribbink Senior Legal Counsel at TAQA

17:15 - 19:00 - Networking drinks

After an insightful day, join us for some networking drinks. It’s the perfect chance to continue conversations, deepen connections, and reflect on the key takeaways from the forum with peers.

The event is free for in-house counsel and ICC members. Other participants will be charged €250. Certificates of attendance will be provided to allow participants to claim PO points.

WTO Forum Insights

Driving Inclusive and Sustainable Trade in a Complex Global Landscape

The global trade system stands at a pivotal moment. The WTO forum, held in September, brought together a diverse range of voices to reflect on the future of trade in an increasingly interconnected world. From rethinking agricultural policies to addressing the challenges of digitalization and the decarbonization of energyintensive industries, the conversations underscored the importance of inclusivity, sustainability, and resilience. Below are key takeaways from various sessions at the forum, highlighting the critical role of multilateral cooperation in shaping the trade of tomorrow.

Trade & Sustainability

This session laid the foundation for the intersection of trade and sustainability, focusing on the importance of integrating climate action into trade policy. Participants expressed that while there are moves toward greater sustainability in trade, progress has been slow. Carbon Border Adjustment Mechanisms (CBAM), circular economy models, and sustainable subsidies were some of the main points of discussion.

One speaker noted that subsidy policies, especially in agriculture, have often had counterproductive effects by encouraging overproduction and environmental degradation. However, there is potential for restructuring subsidies to incentivize sustainability goals, such as reducing emissions and conserving biodiversity.

The session also acknowledged that countries have different levels of commitment and readiness when it comes to sustainability. This “one size fits all” approach to trade negotiations will need to evolve to recognize the unique challenges and opportunities in developing nations. CBAM was a recurring topic, with many participants discussing how it could be a game-changer for leveling the playing field between carbon-efficient and carbon-intensive industries.

Cyber Readiness for MSMEs

The challenges facing Micro, Small, and Medium-sized Enterprises (MSMEs) in today’s digital economy were front and center in this session. As MSMEs become increasingly involved in global value chains, the threat of cybercrime is becoming more pronounced, with 43% of UK-based MSMEs having fallen victim to cyberattacks. However, many MSMEs lack both the knowledge and infrastructure to defend themselves effectively, especially those in developing economies.

The conversation touched on the digital divide, particularly its impact on womenled businesses. One speaker shared research indicating that only 5% of women-led MSMEs in developing countries have access to the digital infrastructure necessary to participate fully in international trade. This lack of access puts these businesses at a serious disadvantage, further deepening gender inequality in trade.

The importance of cybersecurity insurance was another key takeaway, as many MSMEs remain unaware of its importance or cannot afford it. There was a call to action for governments and large corporations to invest more in building cyber

Inclusive Digital Trade under AfCFTA

Africa’s digital future was the focus of this session, particularly under the lens of the African Continental Free Trade Area (AfCFTA). This agreement promises to digitally integrate 54 countries into a single digital market, providing new opportunities for African MSME to access global markets.

However, the reality on the ground is that many MSMEs, particularly those run by women, are not yet equipped with the digital tools and infrastructure they need to compete on the world stage. For example, many traders at African borders use WhatsApp and Facebook for business transactions, but they lack formal e-commerce platforms and digital literacy

This session highlighted the need for greater investments in digital infrastructure and skills training for entrepreneurs in Africa. The promise of Smart Africa, a pan-African initiative aiming to harness the power of digital technologies, was also discussed. Panelists were optimistic that Smart Africa could bridge the digital divide and drive inclusive trade across the continent.

Behind the Headlines—Trade Realities in a Re-Globalizing World

In a world where geopolitical tensions dominate the headlines, this session provided a data-driven reality check. Speaker Steven Altman argued that while deglobalization is a popular narrative, the data does not support it. He presented the DHL Global Connectedness Index, which showed that globalization remains resilient, despite shifts in trade patterns.

He also discussed the remanufacturing industry as a case study. IBM highlighted the difficulties of navigating complex import regulations for remanufactured goods, particularly in the EU, where countries have different levels of tolerance for second-hand or remanufactured products. The lack of standardized definitions for remanufactured goods further complicates trade for companies like IBM, which rely on circular economy models to reduce waste.

The session also touched on sustainability measures such as the EU’s Carbon Border Adjustment Mechanism (CBAM), which aims to level the playing field between regions with strict environmental regulations and those without. However, the complexity of implementing CBAM was a concern, with speakers pointing out that it could become a new form of trade barrier.

Sowing Inclusivity—Rethinking Agricultural Trade for All

With the climate crisis intensifying, this session explored the role of agricultural trade in ensuring global food security. Beth FEO presented sobering data: over 282 million people are currently at risk of acute food insecurity across 52 countries. The dual challenge is to keep trade flows open while addressing the underlying issues of conflict, economic downturn, and climate-related disruptions that are driving these risks.

One of the most significant concerns raised was the imbalance between domestic concerns and international trade obligations Inu Manak emphasized that while countries must prioritize feeding their own populations, trade can offer solutions through increased market access for farmers. However, she warned that trade agreements should not come at the expense of local food sovereignty. There was also an emphasis on making agricultural trade policies more inclusive, ensuring that smallholder farmers—who form the backbone of food production in many developing countries—can participate in global markets.

Digital Product Passport as Catalyst for Inclusive Trade

Digital product passports (DPP) are set to revolutionize how we track and verify the origins of goods in global value chains. This session focused on how blockchain technology can improve transparency and help companies meet their Environmental, Social, and Governance (ESG) reporting requirements.

One key takeaway from the session was that DPPs could empower consumers to make more informed choices by providing them with detailed information on a product’s entire supply chain. However, there were concerns about the fragmentation of legislation across jurisdictions, which could hinder the widespread adoption of DPPs.

Another point of discussion was the gender dimension of digital product passports. Ensuring that women entrepreneurs are not left behind in the digital transition was highlighted as a priority, especially since they represent a growing share of the global entrepreneur population.

Decarbonization of Energy-Intensive Metal Sectors & Global Trade

Aluminum and steel are critical industries for global infrastructure, but they are also some of the most energy-intensive sectors. This session focused on how trade policy can support the decarbonization of these industries while maintaining global competitiveness.

One of the primary challenges raised was the high energy cost of aluminum production, with countries like China and Russia continuing to dominate the industry due to access to cheap, non-renewable energy. The panelists discussed how Carbon Border Adjustment Mechanisms (CBAM) could help level the playing field by imposing a carbon cost on imports.

However, several speakers, including Yavuz Arkun, expressed concern that CBAM might not be the appropriate tool for addressing carbon leakage in the aluminum sector, particularly for developing countries with fewer resources to invest in low-carbon technologies.

Unpopular Opinions on Digitalization

While most sessions focused on the benefits of digitalization, this one took a contrarian view. The panelists expressed concerns about the over-reliance on digital solutions for trade problems. They argued that many digital transformation projects, particularly in developing countries, have failed to meet their original objectives, with failure rates as high as 70-95%

The session highlighted that MSMEs often bear the brunt of digitalization policies that are designed with large corporations in mind. These policies can create barriers rather than opportunities for smaller players, particularly when user testing and regulatory reform are not aligned with the needs of these businesses.

The conversation also touched on the human-centric design of digital solutions, with the panelists calling for more inclusive approaches that prioritize the needs of MSMEs and marginalized groups.

Re-Globalizing Trade for an Inclusive Tomorrow—The Youth Perspective

The closing session brought together youth voices to discuss the future of global trade. They spoke on the importance of WTO legitimacy, emphasizing that the institution needs to address misalignment in incentives between countries to promote smoother cooperation and inclusivity.

The discussion focused on the need for data-driven solutions and transparency, calling on the WTO to embrace digital technologies to provide greater transparency in trade policies. They also warned that the growing number of ESG standards could become exclusionary if they are not developed with inclusivity in mind.

Conclusion: Building an Inclusive Future for Global Trade

The WTO forum provided a platform for in-depth discussions on some of the most pressing issues facing global trade today. From digitalization to decarbonization, the conversations highlighted the complexity of the challenges ahead but also the opportunities for creating a more inclusive and sustainable trading system. Moving forward, multilateral cooperation will be key in addressing these challenges and ensuring that trade continues to be a driver of global development.

Advancing Trade through Digitalisation

The global trade environment is undergoing significant transformation, driven systems. Our Digitalisation Working Group is taking key steps toward developing for the digitalisation of trade. This initiative builds upon the strategic focus streamline both physical and digital trade processes was clearly outlined.

Our Objectives

The core challenges we aim to address through this initiative include:

Data Accuracy and Analysis: reliable and comprehensive data is crucial to the development of any digital trade solution. Our collaboration with CBS, along with potential inputs from Minbuza, ensures that we have the necessary data to accurately model and quantify the effects of digitalisation—or the lack thereof—on Dutch trade. This data will inform decisions on how to mitigate inefficiencies and bottlenecks in the current system.

Legal Considerations: understanding the legal frameworks that govern digital trade is a key priority. Under the leadership of Ron van Staten, we are working closely with the ICC Global Commercial Law Working Group and other legal experts to ensure our PoC adheres to both national and international laws. The draft Agreement on Electronic Commerce (AEC) published by 90 WTO members, including the Netherlands, underscores the growing need for legal alignment, which is critical to the success of digital trade initiatives.

Practical Application and Proof of Concept (PoC)

: led by Michel van den Hoven, this workstream focuses on mapping international trade processes for capital equipment. The goal is to identify both digital and non-digital steps and demonstrate how digitalisation can reduce delays, improve efficiency, and quantify value in real monetary terms. The PoC will enable a fully digital transaction, covering the physical, financial, and documentary aspects of trade, and will be tested in both the Netherlands and France for comparative analysis.

driven by the need for more efficient, transparent, and sustainable developing a comprehensive Proof of Concept (PoC) to support the case focus areas established during our June roundtable, where the necessity to

Developing the Proof of Concept

Our methodology is grounded in empirical analysis and practical testing:

Mapping the Current Process: a detailed mapping of all steps in the physical, financial, and documentary trade processes will be developed. This tabletop exercise will allow the group to identify areas where digital interventions can streamline workflows and reduce costs.

Identifying Bottlenecks and Quantifying Value: in this step, we will identify bottlenecks within the system, particularly those that could be addressed through digital solutions. We will measure their impact on time and monetary value, providing a clear justification for digitalisation.

Real-World Testing and Comparative Analysis: the PoC will be tested in real-world scenarios, with a specific focus on capital equipment. Parallel efforts in France will provide comparative data, helping assess the scalability and applicability of the solution across different contexts.

Next Steps

The working group will meet bimonthly to review progress and adjust strategies as needed. We are committed to advancing this initiative in a methodical, data-driven manner to ensure the PoC reflects both the complexity of the trade environment and the tangible benefits of digitalisation.

Call for Participation

We are welcoming participants who are interested in contributing to this important initiative. Whether your expertise lies in data analysis, legal frameworks, or trade processes, your involvement can help accelerate this project. shape the future of global digital trade. If you are interested in joining the Digitalisation Working Group or would like to learn more about how you can contribute, please contact us.

A New Standard for Businesses

The 11th Edition of the ICC Marketing Code

The International Chamber of Commerce (ICC) launched the 11th edition of the ICC Advertising and Marketing Communications Code in September 2024, marking a significant update to the global benchmark for responsible advertising and marketing. The ICC Code serves as the foundation for many national codes around the world, including the Dutch Advertising Code (Reclame Code) maintained by Stichting Reclame Code (SRC). For international businesses operating in the Netherlands, this makes the ICC Code particularly relevant as it ensures alignment with both global and local standards.

In the Netherlands, ICC Netherlands, in partnership with Stichting Reclame Code and Bond van Adverteerders (BvA), is working on the Dutch translation, which will be available in January 2024. This translation will help businesses operating both locally and internationally to navigate the updated guidelines and maintain compliance with ethical standards. The Dutch version will be officially launched during a webinar in January 2024, designed to help businesses understand and implement the updated Code.

What’s New in the 2024 Edition?

The 2024 edition of the ICC Code includes key updates addressing some of the most pressing issues in today’s advertising and marketing industries. These updates are especially important for Dutch businesses that operate across borders and need to stay compliant with both local regulations and global ethical standards. The new version includes guidance on influencer marketing, the ethical use of artificial intelligence (AI), environmental claims, and marketing to children and teenagers.

Influencer Marketing

The rise of influencer marketing has created a need for clearer guidance on transparency and consumer trust. The 2024 edition provides essential guidelines for businesses working with influencers, ensuring that sponsored content remains honest and transparent—a critical requirement for maintaining compliance with both the ICC and Dutch standards.

Green and Environmental Claims

With sustainability becoming a priority for many businesses, the updated ICC Code provides essential guidance on making accurate and responsible green claims. For Dutch businesses, many of which are at the forefront of Europe’s sustainability efforts, this guidance ensures that environmental marketing aligns with both local and global standards.

AI in Marketing

The increasing use of AI in marketing poses both opportunities and risks. The updated Code includes new guidance on the ethical use of AI, particularly in personalizing advertising while respecting privacy and transparency.

Marketing to Children and Teenagers

The 2024 edition offers more stringent guidelines for marketing to children and teenagers, ensuring that businesses protect younger audiences from misleading or inappropriate content. These updates are crucial for businesses in the Netherlands, particularly as digital platforms increasingly target younger consumers and work across boarders.

Why the ICC Code Matters for Dutch Businesses

The ICC Code is more than just a global standard—it’s a key foundation for selfregulation in the Dutch advertising landscape through the Stichting Reclame Code. For international businesses operating in the Netherlands, adhering to the ICC Code ensures compliance with both global and local regulations, making it a vital tool for companies navigating multiple markets.

By aligning with the ICC Code, Dutch businesses can build consumer trust and protect their brand reputation while promoting responsible, creative marketing. The Code supports businesses of all sizes, from large corporations to SMEs and startups, in implementing responsible marketing practices across borders.

January Webinar and Dutch Translation

The launch will be marked by a webinar in January 2024, where businesses can learn more about the updates in the Code and how to apply them in their daily operations. This event will provide practical insights on how to implement the latest guidelines, with opportunities to ask questions and gain clarity on specific aspects of the Code.

Why Attend?

The January webinar will give Dutch businesses an opportunity to familiarize themselves with the updated ICC Code and its implications for responsible marketing. Whether you’re a marketing professional at a multinational corporation, an SME, or a startup, this event will help you understand how to stay compliant and competitive in an evolving advertising landscape, especially across borders. The webinar will also emphasize how the Code bridges the gap between international self-regulation and local compliance under the Dutch Advertising Code.

Stay tuned for more information on how to register for the webinar and ensure your business is equipped to meet the marketing challenges of 2024 and beyond.

Week of Integrity 2024: Explore the Intersection of Integrity and Sustainability

13th of December 2024, the Hague, the Netherlands

The Week of Integrity was created to emphasize the importance of integrity in both personal and professional life. In today’s world, where ethical breaches and corruption can have far-reaching consequences, integrity serves as the foundation of trust. This trust is essential for healthy relationships, effective governance, and sustainable development. Now more than ever, promoting integrity is vital to fostering long-term success across all sectors.

How It Works

The Week of Integrity is a collaborative initiative, bringing together businesses, NGOs, educational institutions, and government agencies to host events and discussions that promote ethical practices. Throughout the year, participants engage in networking events, training sessions, workshops, and public seminars that inspire meaningful conversations about integrity. Here’s what to expect:

Year-Round Activities:

• Networking Events & Trainings: Build connections and share best practices in ethics and integrity.

• Educational Workshops and Seminars: Learn practical tools to strengthen ethical behavior in organizations.

During the Week of Integrity (December 9–13, 2024):

• Opening Event – December 9th: Join us for a special hybrid event in collaboration with Transparency International, where we will unveil the results of TI’s research on organizational culture. This insightful session will shed light on why integrity must be a discussion topic at all levels within organizations. This event will be held both in person at the Malietoren in The Hague and online, allowing broad participation.

• December 10th – Special Event at the Amsterdam Stock Exchange: The Week of Integrity will have the unique opportunity to open the stock exchange at the Amsterdam Beurs. This symbolic gesture underscores the importance of integrity within financial markets and beyond.

Public Panel

Discussions: Experts share insights on integrity across industries.

Internal Workshops: Equip your team with tools for ethical decisionmaking and compliance.

Awareness Campaigns & Webinars: Virtual sessions focusing on integrity across industries.

Integrity Pledges: Encourage employees and stakeholders to commit to ethical practices.

All activities will be published on our website as soon as they become available.

International Integrity Conference – Building a Future of Integrity, December 13, 2024

Held in The Hague, this year’s conference focuses on the theme “Integrity in Sustainability,” with keynotes, panel discussions, and workshops exploring the role of integrity in driving sustainable development. Attendees will connect with leaders in compliance, sustainability, and ethics, and learn how integrity can drive long-term success.

A Collaborative Success at the Week of Integrity Partner Meeting

On September 26th, Evofenedex hosted an event in anticipation of the Week of Integrity, to be held between the 9th and 13th of December, which provided a platform for sharing key insights and tested innovative tools to promote ethical business practices. This gathering marked a significant milestone, with presentations from Evofenedex and Siemens Nederland, as well as an introduction to the Week of Integrity Toolkit and the highly anticipated integrity-focused game. The game, which will be fully released in November, was previewed during the event, providing attendees with an engaging way to reflect on ethical decision-making.

Evofennedex: Strategic Priorities and Ethical Dilemmas in Trade and Logistics

As the host of the event, Evofennedex presented on their core focus areas of internationalisation, sustainability, and digitalization, while also posing a series of realworld ethical dilemmas that businesses face today. These dilemmas sparked critical thinking on how companies can align profitability with sustainability, navigate complex legal frameworks, and balance transparency with protecting their reputation.

Key Dilemmas Presented:

1. Profitability vs Sustainability

Evofennedex emphasized that while sustainability is becoming essential for longterm viability, it often leads to additional costs. Businesses face pressure to invest in sustainable practices, but the question remains:

• Can companies afford these investments, especially when faced with competitive disadvantages due to administrative costs or shareholder demands?

• Will higher costs for social improvements increase wages and, ultimately, affect a company’s ability to stay profitable?

2. Impact vs Compliance

In an increasingly regulated global landscape, compliance with complex laws often distracts from focusing on creating a positive social or environmental impact. Evofennedex pointed out the risk of businesses slipping into “paper compliance”— where the focus is on meeting the letter of the law rather than making a meaningful impact.

• How can businesses ensure they are truly making an impact rather than merely avoiding risks or following regulations, especially in high-risk regions and complex supply chains?

3. Transparency vs Reputation

While transparency fosters trust and opens doors for greater cooperation, disclosing too much information can harm a company’s reputation, scare away stakeholders, and even attract lawsuits or stricter regulatory inspections.

• Is there a way for businesses to be transparent without risking their reputation or inviting legal or regulatory scrutiny?

These dilemmas sparked engaging discussions among attendees, who shared their perspectives on balancing these often conflicting priorities. Evofennedex’s presentation underscored that integrity in decision-making is crucial as businesses navigate these complex challenges.

Siemens

Nederland: Ethics & Sustainability in Action

Siemens Nederland followed with a presentation on their ethics and sustainability initiatives, further reinforcing the need for responsible decision-making. Siemens showcased their DEGREE framework, which sets ambitious targets for decarbonization, resource efficiency, and governance, demonstrating how technology and sustainability can go hand in hand. Siemens also stressed the importance of digital twin technologies in driving sustainable solutions across sectors such as healthcare and mobility.

Key Points:

• Compliance system to ensure ethical decision-making.

• Sustainability leadership, with a goal of reaching net zero by 2030.

• Digital twin technology as a key innovation for integrating digital and physical processes for sustainability.

Introducing the Week of Integrity Toolkit

The Week of Integrity Toolkit was introduced as a valuable resource for fostering ethical practices within organizations. The toolkit includes:

• Integrity Game: An interactive board game designed to engage participants in navigating ethical dilemmas around the Sustainable Development Goals (SDGs).

• Integrity Dialogue: Guidelines for facilitating meaningful conversations on integrity, supported by dilemma videos provided by our partners.

• Integrity Moments: Case studies designed to prompt discussions about real-world ethical issues.

• Integrity Drinks (or pub quiz): Informal networking sessions or quizzes focused on ethics in business.

Game Testing: A Preview of the November Launch

Attendees were also given the opportunity to test the Integrity Game, which is set to launch in November. This interactive game challenges participants to solve real-world business dilemmas and answer critical questions, reinforcing the importance of ethical decision-making in reaching the Sustainable Development Goals (SDGs). The game sparked engaging conversations among participants, who were highly involved in the scenarios presented.

With valuable feedback in hand, we will work to finalize this prototype and make it available for our partners before the start of the Week of Integrity.

Looking Forward: November Partner Meeting

Looking ahead, our next partner meeting is scheduled for November 12th. This meeting will focus on finalizing the program for the Week of Integrity, sharing initiatives from partners, and receiving a presentation from Huis van Klokkenluider (Whistleblower) on promoting transparency and ethical practices. We encourage all interested partners to join us for this important session.

Why Become a Partner of the Week of Integrity?

Promote a culture of integrity

Strengthen your brand’s reputation

Engage employees in meaningful conversations about ethics

Connect with like-minded organizations

Enhance stakeholder trust and contribute to a global impact

How to Become a Partner:

Contact Us:

Reach out to our partnership coordinator to discuss your interest and potential activities.

Plan Your Activities:

Work with us to design events that align with your goals and our integrity theme.

Promote and Participate:

Engage your employees and network in the Week of Integrity activities and share your results.

Conference program

8:30 – 9:30 Registration & Networking Breakfast

Connect with fellow participants and start building relationships.

9:30 - 9:45 Opening Remarks

The conference will commence with an inspiring address from Ineza Umuhoza Grace, a renowned leader in sustainability and climate justice. Ineza will set the stage by introducing the key themes of the day, with a particular focus on the importance of integrity in achieving a fair transition to sustainable practices. Her insights will highlight how we can navigate today’s global challenges while ensuring that no one is left behind.

9:45 - 10:10 Keynote - Leading a Fair Transition

This keynote will tackle one of the most pressing issues of our time: ensuring that the global transition to sustainable practices is both fair and inclusive. Susan du Becker from Microsoft will explore how integrity can guide businesses and governments in making decisions that benefit all stakeholders.

10:00 - 10:30 Keynote - Trading in a complex Geopolitical Context

In an interconnected world, the geopolitical landscape greatly influences trade and economic policies. This session will provide insights into how businesses and nations can maintain integrity while navigating the complexities of international trade, particularly in times of political uncertainty.

10:30 - 11:15 Panel discussion: Sustainable Messaging

This panel brings together experts to discuss the critical role of transparency and accountability across the entire business process—from ethical production and consumption in supply chains to maintaining integrity in how companies communicate their sustainability efforts to the public. The conversation will address both the importance of ethical practices in global supply chains, as guided by the Corporate Sustainability Due Diligence Directive (CSDDD), and the ways in which organizations can market these efforts without misleading or greenwashing.

Among our panelists:

• Gerbrand Haverkamp, World Benchmarking Alliance

• Penny Karageorgi, Global Rights Compliance

• Otto van der Harst, Stichting Reclamecode

Moderated by: Thera Adam-van Straaten, Head of IP/Marketing, partner Intellectual Property, Eversheds Sutherland

11:15 - 11:30 Coffee Break

11:30 - 12:30 Breakout Sessions, Ethical Approaches to Climate Action, Gender Equality, and Economic Growth

Choose from one of three focused breakout sessions that delve deeper into specific areas of integrity in sustainability. These sessions are designed to provide actionable insights and foster in-depth discussions on key topics.

• Session 1: Integrating Integrity in Climate Action

Explore how organizations can integrate ethical principles into their climate strategies, ensuring that actions to combat climate change are both effective and equitable. – Luke Disney, Rabobank

• Session 2: Experiencing Equality through Virtual Reality

In partnership with Critical Mass, this immersive session allows participants to experience gender equality, inclusion, and diversity from a unique perspective using virtual reality. The session highlights the significance of promoting equity in the workplace and beyond. - Critical Mass

• Session 3: Promoting Decent Work and Economic Growth

Focus on how integrity can drive efforts to promote decent work and economic growth, ensuring that development benefits all members of society. – Beatriz Bastiao, ILO

12:30 - 13:30 Networking Lunch

Continue conversations and expand your professional network.

13:30 - 14:00 Real-World Integrity: Case Studies in AI and Institutional Strength

Learn from real-world examples in these engaging case study presentations. Experts will share insights from their own experiences, offering practical lessons on how integrity can be applied in different contexts.

• Presentation 1: Ethical AI for Sustainable Development

Explore the intersection of artificial intelligence and ethics, focusing on how AI can be leveraged for sustainable development while maintaining ethical standards. – Cyprian Smits, Chief Global AI Officer EVP Rabobank

• Presentation 2: Building Strong Institutions with Integrity

This presentation will highlight how institutions can embed integrity into their core operations, ensuring that they remain trustworthy and effective in achieving their missions. – Angela Ruepert, KPMG

14:00 - 14:30 Perspectives on Litigation around Sustainability

In this engaging conversation, two experts with different specialties and backgrounds will exchange their views on sustainability litigation. They will explore the legal complexities surrounding ESGrelated disputes from diverse perspectives, offering attendees an entertaining and insightful look at the challenges and opportunities.

• Marie-Helene Berghuis, Partner Eversheds Sutherland

• Simone Honig, Partner NautaDutilh

Moderated by: M. Taheri LL.M. International Law Firm Taheri

14:30 - 14:45 Coffee Break

14:45 - 16:00 Breakout Hands-On Integrity: Workshops on AI, Leadership, and Finance

Engage in hands-on workshops that encourage active participation and in-depth learning. These sessions are designed to provide practical tools and strategies that participants can implement in their own organizations.

• Session 1: Ethical AI for Sustainable Development

A deep dive into how AI can be developed and used ethically to advance sustainable development goals. - Joris Krijger, De Volksbank

• Session 2: Integrity Leadership through societal councils

Are you ready to transform the way your organization includes its most overlooked stakeholders? Learn how Societal councils are designed to amplify the voices of silent stakeholders, such as future generations and the environment, ensuring their interests are central to strategic decision-making. - Young Professionals Program United Nations Global Compact

• Session 3: Innovations in Sustainable Finance

Discover the latest innovations in sustainable finance, focusing on how financial tools and strategies can be aligned with integrity and sustainability goals. – Maarten Biermans, University of Amsterdam

16:00 - 16:30 Closing Panel - Collaborating for a Better Future: Partnerships Built on Integrity

The final panel will discuss the importance of partnerships in achieving global goals and how integrity can be the foundation of successful collaborations. This session will highlight examples of effective partnerships and explore how different sectors can work together to drive meaningful change.

Our panelists include:

• Christiene Everaars, Siemens

• Gonzalo Guzman, UNILEVER

• Hannah Greep , OECD Watch

• Ineza Umuhoza Grace, Loss and Damage Youth Coalition

16:30 - 17:00 Closing Remarks

Reflect on key takeaways and commit to integrity in your work.

17:00 - 18:00 Networking Reception

Final opportunity to connect and discuss the day’s insights.

Why you should attend

Expert Insights: Hear from renowned leaders in ethics, sustainability, and international trade as they provide in-depth perspectives on how integrity can guide businesses toward long-term success.

Practical Tools for Ethical Leadership: Gain actionable strategies to tackle ethical dilemmas in areas such as digitalization, sustainability, and international business, ensuring your organization is equipped to lead with integrity.

Global Context: Learn how integrity is becoming increasingly vital on a global scale, impacting everything from geopolitical relations to corporate responsibility in the face of emerging environmental, societal, regulatory and digital challenges.

Networking Opportunities: Engage with peers, experts, and industry leaders dedicated to fostering ethical business practices. Build meaningful connections with professionals who share a commitment to integrity.

Hands-On Workshops: Join interactive workshops that provide real-world scenarios and challenge participants to make integrity-based decisions in areas like climate action, corporate governance, and digital ethics.

Additionally, a certificate of attendance will be available upon request, supporting PO points request for participation.

Conference Ticket Pricing:

• Early Bird (until 1 Nov): €199

• ICC Members: €250

• Non-Members: €330

Your ticket provides access to an enriching event featuring renowned speakers, practical workshops, and valuable networking opportunities. The fee helps cover essential costs such as venue rental, catering, and speaker arrangements, ensuring a top-quality experience for all participants and the continuity of the Week of Integrity initiative.

Bezuidenhoutseweg 12 2594AV, The Hague, The Netherlands www.iccwbo.nl

info@icc.nl

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