Jurnal Akta
Vol 13, No 1 (2026): March 2026

Adaptive Arbitration Framework for Cross-Border ESG Dispute Resolution

s, zaini munawir (Unknown)
Siregar, Taufik (Unknown)



Article Info

Publish Date
03 Mar 2026

Abstract

The resolution of cross-border disputes involving Environmental, Social, and This study examines the effectiveness of arbitration as an adaptive mechanism for resolving cross-border disputes involving Environmental, Social, and Governance (ESG) issues. The increasing integration of sustainability standards, human rights principles, and corporate governance obligations into international trade and investment relationships has generated complex disputes that require flexible yet legally certain resolution mechanisms. This research aims to analyze how arbitration accommodates ESG-related conflicts and to assess the contribution of technological innovation in strengthening procedural efficiency and transparency. The study employed a qualitative normative approach using descriptive-analytical methods based on secondary data, including arbitral awards, bilateral and multilateral treaty frameworks, institutional reports, and recent scholarly literature. The findings demonstrate that arbitration provides procedural flexibility, neutrality, enforceability, and expert-based adjudication capable of addressing technical ESG dimensions. Furthermore, the incorporation of digital technologies such as Online Dispute Resolution (ODR), blockchain-based evidence management, and Artificial Intelligence (AI)-assisted document analysis enhances efficiency, transparency, and cross-border accessibility. However, challenges remain regarding enforcement inconsistencies, public policy limitations, and harmonization gaps among national legal systems. This research contributes by proposing an adaptive arbitration framework that integrates ethical standards, technological innovation, and ESG-sensitive interpretative approaches to ensure sustainability-oriented dispute resolution in the global legal order.

Copyrights © 2026






Journal Info

Abbrev

akta

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its ...