ESG (Ad Hoc) The ESG Dilemma: Balancing Ambition and Feasibility

Fernando Hurtado de Mendoza is a partner at the global UK origin firm Kennedys Law, and heads the Lima office Corporate & Commercial practice.

Lawyer by Universidad Católica del Perú, with a LLM in U.S. & Asia Business and Trade Law from New York University and a LLM in Corporate & Financial Services from the National University of Singapore. Arbitrator for the Lima Chamber of Commerce in commercial, insurance and transport matters. Consistently recognized as a leading practitioner by international publications such as Chambers & Partners, Who’s Who Legal and Legal 500.

Fernando specializes in corporate & commercial, aviation and insurance law. His corporate practice focuses on advising local and foreign clients in relation to their commercial needs across the board, including advice to Asian, European and North American investors for their potential entry into Peru. He is the Chair of the ESG Ad Hoc Committee of IPBA, him being the lead partner of ESG matters for Latin America at Kennedys Law and member of the global ESG product group of the firm.

Fernando has also chaired the Aviation and Aerospace Committee of IPBA, as per his significant experience in aircraft finance, regulatory matters and claims handling of aviation losses.

Currently, he is the vice-president of the Peruvian Association of Insurance Law and a member of the steering committee of the Reinsurance Working Group of the Ibero Latin American Committee of the International Association of Insurance Law, as a result of his broad experience on insurance advisory and claims handling related to a set of insurance lines.

Ms. Lin Yang is the founding partner of Yingke International, responsible for construction of international network of the firm and international legal service.
She initiated Yingke Global Legal Service Network which currently covers for 89 countries. She is specialized in corporate and commercial law. She has been working together with partner firms of the Network to provide legal service for many influential transactions. Part of the representative clients are CRRC, CSCEC, XCMG, Zoomlion, Bank of China, Rockefeller Group, ADAMA, Mellanox, Air France, HSBC, etc.

Ms. Lin Yang received her Bachelor’s degree from Ocean University of China and her Master degree from China University of Political Science and Law. She is a member of the Steering Committee of United Nations South South Cooperation Global Thinkers Tank Network. She is also a member of Investment and Trade task force of 2020 Saudi B20 Summit, Finance and Infrastructure of 2021 Italy B20, as well as Energy, Sustainability, and Climate of 2022 Indonesia B20. She is also the chairwoman of the ESG Working Committee of the Going Global Confederation of China Petroleum and Chemical Industry, and a Member of the Expert Committee and an expert member of the ESG Task Force of China Chamber of Commerce for Import and Export of Machine and Electronic Products. She is ranked as National Top Lawyers in 2021. Ms. Lin Yang was invited to serve as mentor for master's students of Tsinghua University School of Law, China Foreign Affairs University, the School of International Law of Southwest University of Political Science and Law, and the School of Foreign Studies of China University of Political Science and Law.

Jay LeMoine is the Canadian head of our infrastructure sector. He is a business lawyer whose work focuses on the commercial aspects of infrastructure projects and business transactions. His practice includes procuring, negotiating, drafting and implementing commercial contracts, business structures, public-private partnerships and infrastructure project structuring and agreements.

In addition to his P3 work, Jay regularly advises on a variety of business transactions, including commercial financings, acquisitions and divestitures of shares and assets as well as on general contractual matters.

He articled and joined us as a lawyer on his call to the bar in 1998. Before attending law school, he spent five years working with the municipal government in Kobe, Japan, where he became a proficient speaker of Japanese.

Related services

• Infrastructure

Key industry sectors

• Energy, infrastructure and resources

Education

• LL.B., Queen's University, 1997
• B.A., University of Toronto, 1989

Representative experience

Matters in which Jay has acted include:

• Surrey Langley SkyTrain Project
• Broadway Subway Project
• Capital Regional District Core Area Wastewater Treatment Program
• Lions Gate Secondary Wastewater Treatment Plant
• Swift Current Long-Term Care Centre
• Saskatchewan Hospital North Battleford
• Northeast Anthony Henday Project
• Calgary Cancer Centre Project
• RCMP E Division Headquarters Project
• North Island Hospitals Project

Admissions

• British Columbia Bar 1998

Rankings and recognitions

• Chambers Canada, Nationwide: Projects - PPP & Infrastructure, Chambers and Partners, 2016-2024
• Best Lawyers in Canada: Corporate Law, Project Finance Law, Public Procurement Law, 2014-2024
• The Legal 500 Canada: Infrastructure and Projects (Leading Individuals), 2019-2024
• Chambers Global, Canada: Projects - PPP & Infrastructure, Chambers and Partners, 2016-2023
• Canadian Legal Lexpert Directory, 2019-2023: recommended in Infrastructure Law
• Best Lawyers in Canada: Project Finance Law "Lawyer of the Year," 2022
• "Strong negotiating skills, professionalism and strong service level." – Chambers Global
• "Expert counsel with strong negotiating skills." – The Legal 500 Canada

Memberships and activities

• Canadian Bar Association
  → Business Law Section, BC branch
• Canadian Council for Public-Private Partnerships
• Inter-Pacific Bar Association
• Canada Japan Society of BC
• Canadian Chamber of Commerce in Japan

Weronika Nalbert, an attorney-at-law (adwokat) at Wardynski & Partners (Poland), co-coordinator of the ESG and sustainable development team. She deals with competition and consumer protection law, both from a transactional and litigation perspective. She advises on cases regarding merger control of entrepreneurs, anti-competitive practices and collective interests of consumers. He represents clients in administrative proceedings concerning unreliable environmental statements (greenwashing). She advises clients in the ESG area, in particular on sustainability reporting issues. She has gained professional experience in national and international law firms and NGOs. She has been a speaker at numerous national and international conferences on the topic of sustainable development. Member of the ESG Europe group operating within the World Services Group. Involved in social activities. Since 2019, she has served as Vice President of the NGO United Nations Association - Poland, where she conducts numerous trainings on sustainable development. She completed the pilot course Key Essentials: the Sustainable Development Goals and the Law organized by the University of Cambridge. She is a lecturer on post-graduate studies: Sustainability & ESG Manager.

Pavi Jain is a counsel in the M&A and Private Equity practice group. She is a core member of Khaitan & Co’s Environmental, Social and Governance (ESG) sector group and advises several clients on ESG matters. Pavi manages the Firm’s association with the Indian Venture Capital Association (IVCA) and is a part of the Indian Venture Capital Association’s (IVCA) Climate Council..

Jean-Claude BEAUJOUR is an attorney at the Paris Bar and pratises law with Harlay law firm. Jean-Claude holds a PHD in Law (Panthéon-Sorbonne), LLM (UCL), PIL (Harvard Law School) is a certified mediator (CEDR-London). Jean-Claude has an extensive experience in international commercial dispute resolution and mediation, both as counsel for the parties and ad hoc mediator (shareholders’ conflicts, execution of contracts) and aviation law. Jean-Claude has also served as a expert witness in civil law before common law jurisdictions.

Jean-Claude is chair of the Aviation Committee of the IPBA and a lecturer at the Université du transport aérien (UTA). In this capacity, he regularly publishes articles on law and regulation in the aviation sector.