The relationship between international investment law and climate change is garnering growing interest. Measures designed to mitigate or adapt to climate change have been considered in some investment arbitration claims, and a growing number of cases involve investments in the renewable energy sector. With these cases presenting novel issues, there is a pressing need for clarity and guidance for legal practitioners and arbitrators. In this webinar, contributors to the recently published volume Investment Arbitration and Climate Change will discuss issues at the intersection between a State?s climate change initiatives and their potential impact on foreign investors.
Speakers:
Anja Ipp and Annette Magnusson, co-founders of Stockholm-based think tank Climate Change Counsel and the book?s editors, will provide a brief survey of different types of climate-related investment disputes and discuss how international climate law affects the interpretation of provisions on expropriation or fair and equitable treatment.
Caline Mouawad, partner at Chaffetz Lindsey LLP, will examine how climate science will be relevant in most investor-State disputes that intersect with climate change and analyze its potential role at each stage of an investor-State arbitration.
Oliver Hailes, assistant professor of law at the London School of Economics, will analyze government acts and measures in the climate change context ? distinguishing between compensable and non-compensable State conduct ? and discuss how arbitral tribunals may approach the valuation of compensation in investment disputes involving fossil or other high-carbon assets.