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Home > Country profiles > UK (England and Wales) > Articles > Article detail






Climate change: Dispute resolutions new frontier

Wednesday, 14th June 2018

"The role of dispute resolution in resolving climate change disputes offers a new front for the development of international arbitration.

Speaking at CDR’s recent Spring Arbitration Symposium, David Brynmor Thomas of 39 Essex Chambers outlined likely sources of future energy claims, with those arising from climate change issues an increasingly common prospect. Brynmor Thomas is not the first to identify the potential of such claims. Chairing his panel was Wendy Miles QC of Debevoise & Plimpton, who has written, and spoken, on such topics extensively, including at a meeting, last year, at the UN Framework Convention on Climate Change (UNFCCC) Negotiations (COP-23) in Bonn, Germany.

The event was jointly hosted by the International Bar Association, the Permanent Court of Arbitration (PCA), the ICC International Court of Arbitration (ICC), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), alongside discussions between nation states, following a previous event hosted by the same bodies in Paris in 2015.

Under discussion were questions of how adjudication, arbitration and conciliation could promote and support implementation of the Paris Agreement (PA). Climate change may not seem intrinsically commercial; however, enforcement issues by states arising out of commercial contracts, and investments arising out of nation-state commitments to climate change, are very much so.

Indeed, writing in the Law of Nations blog, barrister Angeline Welsh of Matrix Chambersnotes: “The role for dispute resolution is only just emerging.

And it is complex. There is not one forum or one source of law that will drive climate change litigation.”

Welsh added: “It may even be that new causes of action or legal principles will be required in order to respond to climate change, which is certain to have a profound impact on international relations, human rights, regulatory frameworks, [both] domestic and international) financing and transactions.”

Read in full:  


Web-link: http://www.cdr-news.com/categories/debevoise-and-plimpton/8259-climate-change-di...
Language: English
Contact: Ben Rigby


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