From 28 to 30 September 2022, the Brazilian Arbitration Committee – CBAr held its 21st International Arbitration Conference (“21st CBAr IAC” or “Conference”) in Rio de Janeiro. Considering the rising number of arbitration proceedings related to corporate disputes, the subject of this year’s Conference was “Arbitration and Corporate Law”. The 21st CBAr IAC was a…

This contribution comments on growing global trends in climate change and the important role arbitration can play in the settlement of this type of dispute, specifically in the future dispute resolution landscape in Latin America. In June 2022, the Center for Climate Change Economics and Policy (CCCEP) and the Grantham Research Institute on Climate Change…

Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision on jurisdiction and liability in Eco Oro Minerals Corp. (“Eco Oro”) v. Colombia.   Background and Award This dispute arose from Colombia’s measures adopted in connection…

Climate change is a serious threat to humankind. The sources of the problem are many, requiring a multidimensional approach to find practical and viable solutions. In the last several years, awareness of the issue has been addressed in the public domain, by international community, and civil society. This publicity has resulted in States taking concrete…

Introduction “Essentially what is at stake at this climate conference is peace”. Those were the words uttered by French President François Hollande to signify the importance of COP21 – the 21st Conference of Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris to address climate change in December 2015. Indeed,…