The energy transition lies at the heart of climate change mitigation efforts. A new survey by Queen Mary University of London (QMUL) in collaboration with Pinsent Masons, the Future of International Energy Arbitration Survey Report, (“the Energy Report” or “the 2022 QMUL Survey”) (see also here) offers guidance to anticipate and mitigate those risks for…
The Panel “The Future of Major Energy Projects Crises, Challenges, and Opportunities” took place on the penultimate day of the London International Disputes Week 2023 (“LIDW 2023”) on 18th May 2023 in the London office of McDermott Will & Emergy with panellist Armando Neris from McDermott Will & Emery, Lucian Ilie from Outer Temple Chambers,…
By the end of April 2023, observers of the ECT modernisation process may have felt as if they were waiting for Godot. The vote on the outcome of the ECT modernisation process, scheduled to take place at an ad hoc meeting of Energy Charter Conference at the end of April 2023, was postponed for the…
The defining challenge of the 21st century is undoubtedly climate change. There is consensus that we need to reduce the level of carbon emissions and abide by the scientific community’s directions to preserve our environment; we are beyond preventing harm – our current urgency is mitigation. We seem united in our common goal to meet…
The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…
Amid a push for more decisive action toward energy transition, countries around the world are facing pressure to innovate and adopt sweeping legislative amendments, all while trying to avoid investment claims by foreign investors affected by the changing regulatory frameworks. Among the countries performing this balancing act, Bosnia and Herzegovina and other Western Balkans countries…
The results of two surveys on arbitration in Africa-related disputes were released in 2022. Both surveys drew responses from the continent’s diverse regions and legal systems. Respondents were given the choice to answer questions in either English, French, Arabic, or Portuguese. In April 2022, the African Arbitration Academy released its Survey on Costs and Disputes…
On the second day of the 11th Asia-Pacific ADR Virtual Conference, the KCAB, the South Korean Ministry of Justice, the ICC Court of Arbitration and UNCITRAL hosted a panel on the state of the energy markets in 2022. The panel was moderated by Dr. Wolfgang Peter (Senior Partner, Peter & Kim) and the panelists included…
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…
Seeing the Agreement in Principle on Energy Charter Treaty (ECT) “modernization” and its leaked full text, the “modernization” misnomer can safely be abandoned. The renegotiated ECT does not rise to the mounting global challenges regarding energy investment, climate action, and sustainable development. The ECT reform process missed the mark in nature, scope, ambition, and speed…
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…
The second day of the ICCA Congress took place on Tuesday, September 20. Delegates gathered in the morning for the presentation of the inaugural ICCA Guillermo Aguilar-Alvarez Memorial Prize, established in honour of former ICCA Governing Board Member Guillermo Aguilar-Alvarez. Professor Stefano Azzali said a few words on the life and career of Guillermo, fondly…
At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day. Mr Justin D’Agostino (Global CEO, Herbert Smith Freehills, Hong Kong) moderated the first panel discussion in a quick fire manner on recent arbitration developments in the Asia-Pacific region with leading practitioners…
On the second day of the 2022 LIDW, LIDW members gathered in the Westminster Hall Center to discuss this year’s topics: Dispute Resolution – Global, Sustainable, Ethical? The Keynote Address The keynote address was given by Lucy Greenwood, (Greenwood Arbitration, Campaign for Greener Arbitration), Jenny Hindley, (Mishcon de Reya, Greener Litigation) and John Sturrock QC, (Core Solutions,…
As the climate crisis has intensified, much has been said about the roles that arbitration can play in the collective global response – including during the recent BVI Arbitration Week, which coincided with the Glasgow climate conference. Arbitration has been utilised as a tool for resolving disputes as market mechanisms have developed to deliver greenhouse…
Nearly 30 years have passed since world leaders signed the UN Framework Convention on Climate Change (“UNFCCC”), agreeing to combat “dangerous human interference with the climate system.” For many of those years, nobody seemed to take that commitment very seriously. But things look different now: climate law has hit its stride. At COP26 in November…
On day one of the Hong Kong Arbitration Week 2021, Latham & Watkins LLP (“Latham & Watkins”) hosted a virtual workshop to explore the role of renewables in a rapidly changing world and how this growth will impact disputes in renewables and other energy markets. Ing Loong Yang, Partner at Latham & Watkins (Hong Kong),…
ISDS has faced harsh criticism from environmental groups as being inimical to the protection of the environment. This post argues that environmental protection is an emerging jus cogens norm, and thus, an arising erga omnes obligation, which investment tribunals must recognize as such. Additionally, it explores the legal consequences of applying this public international law…
Western European countries have taken divergent approaches to dealing with the consequences of shutting down power plants while transitioning towards cleaner energy sources. On one side, Germany resolved the resulting compensation disputes by making settlement payments to the owners of affected nuclear and coal power plants. In contrast, the Netherlands appears reluctant to similarly compensate…
International arbitration is changing at a fast pace, and opportunities arise every day in this field. In this context, on May 25, 2021, Young Arbitral Women Practitioners, Holland & Knight, and Rising Arbitrators Initiative co-hosted a webinar to discuss emerging fields of practice for arbitration lawyers. This post offers an overview of the variety of…
Swedish state-owned power energy company Vattenfall operated two nuclear power plants located in Brunsbüttel and Krümmel, Germany. Vattenfall owns a 50% interest in the Krümmel plant, and a 66.6% interest in the Brunsbüttel plant. In August 2011, against the backdrop of the nuclear disaster in Fukushima, Japan, the German Parliament amended the Act on the…
The 4th ICC European Conference on International Arbitration took place on Tuesday 7 July 2020, during the second day of the Paris Arbitration Week. This first-ever digital edition saw record numbers with 1,450 participants connecting from all corners of the world. Alexis Mourre, President of the ICC International Court of Arbitration, acknowledged in his welcome…
UN Secretary-General António Guterres opened the COP25 climate change conference on 2 December 2019 saying that: “…At current trends, we are looking at global heating of between 3.4 and 3.9 degrees Celsius by the end of the century. The impact on all life on the planet – including ours – will be catastrophic. The only…
The legal considerations arising out of climate change and environmental matters more generally have been considered extensively in the context of worldwide litigation, and, to some extent, in investment treaty arbitration. However, such issues have not been subject to the same level of public debate in the commercial arbitration sphere. This post analyses how environmental…
