Topic: Climate change

States’ obligations under the Energy Charter Treaty are potentially in conflict with those under international climate law, and arbitrators may have to integrate the two or decide that “one trumps the other”, according to a new study.

14 March 2022

The first GAR Connect Eastern Mediterranean saw speakers discuss dispute-related trends arising from offshore natural gas fields in the Mediterranean itself, in countries bordering the sea like Cyprus, Israel, Egypt, Libya and Turkey, and as far East as the Gulf and Russia.

10 March 2022

Meriam Nazih Al-Rashid, Kate Lomas and Angela Antoniou of Eversheds Sutherland report on a recently concluded Latin American regional treaty addressing environmental protections and the rights of environmental defenders, and providing for state-to-state arbitration over compliance with its terms.

15 February 2022

In a keynote lecture, Austrian arbitrator and academic Christoph Schreuer addressed the concept of the unity of an investment and its use in investor-state case law. Jaroslav Kudrna and Martin Nováček of the Czech Ministry of Finance report.

13 January 2022

German energy group Uniper has asked an ICSID tribunal to restrain the Dutch government from pursuing anti-arbitration proceedings in the German courts.

07 December 2021

After the Biden administration was hit with a US$15 billion NAFTA claim by the owner of a cancelled cross-border pipeline project, the Canadian province of Alberta has confirmed it intends to bring its own investment arbitration against the US – which practitioners suggest could be the first case of its kind under the trade agreement.

26 November 2021

A Canadian energy company has launched a US$15 billion legacy NAFTA claim against the United States over the cancellation of its permit for the controversial Keystone XL pipeline project, complaining it has suffered a “regulatory rollercoaster” under three US administrations.

23 November 2021

In a keynote address at GAR Live Energy Disputes, Doak Bishop of King & Spalding defended investment treaty arbitration as a vital means of protecting the trillions of dollars of foreign investment needed to meet international climate change goals – while expressing concern at some reforms to the system now being considered.

30 September 2021

Panels at Paris Arbitration Week discussed climate change in international arbitration, including shifting energy sources, the impact of net-zero emissions targets and investors’ legitimate expectations.

28 September 2021

To mark Earth Day today, The Campaign for Greener Arbitration has launched 6 Green Protocols. The steering committee sets out the protocols and argues the time for collective behavioural change is now.

22 April 2021