CSR and Codes of Business Ethics in the USA, Austria (EU) and China and their Enforcement in International Supply Chain Arbitrations

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law.   As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rulesfor consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies.

Table of Contents:
Definitions.- Hypotheses.- Codes of Ethics and CSR in the USA.- Codes of Ethics and CSR in Austria.- Codes of Ethics and CSR in China.- Supply Chain Arbitration.- Conclusion.

About the Author :
Dr. iur. Dr. phil. Adolf Peter is Associate Professor at the Shanghai University of Political Science and Law (SHUPL), Independent Arbitrator and President of the European-Chinese Belt and Road Initiative Association (ECBRIA) which is seated in Austria. He holds two Ph.D. and several master degrees in Law, Business Ethics and Religious Science and an LL.M. degree in South East European Law and European Integration (University of Graz, Austria). As a lawyer, Dr. Peter gained extensive experience both in common (in particular English, US and Singapore law) and civil law (in particular Austrian, German, European and Chinese law) in international law firms in Singapore, Austria and the USA. Dr. Peter’s main areas of activity are International Arbitration, Business Ethics, Corporate Social Responsibility and Corporate Governance in China, Singapore, Austria (EU) and the USA. Moreover, Dr. Peter is Fellow of the Singapore Institute of Arbitrators (SIArb), Fellow of the Austrian-ChineseLegal Society, Fellow of the Asian Institute of Alternative Dispute Resolution (FAIADR) and Fellow of the Bali International Arbitration and Mediation Center (BIAMC). He is a member of the Chartered Institute of Arbitrators (CIArb) and the Austrian Arbitration Association (ArbAut). Furthermore, he is a committee member of the SIArb Publications & Website Committee.