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ARTICLE · 17 JANUARY 2022

Climate Change And Investment Treaty Arbitration

Mayer Brown
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In order to implement the "Plan for the Reform of the Legal Disclosure System of Environmental Information" issued by China's Ministry of Ecology and Environment (MEE)...

United StatesEnvironment
Kwadwo Sarkodie
Kwadwo Sarkodie
Charles Harris, II
Charles Harris, II
Rachael O'Grady
Rachael O'Grady
Oliver Williams
Oliver Williams
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The pressure on States and corporates to take action to address the socio-economic and environmental impacts of climate change is rapidly increasing. This pressure has resulted in a substantial rise in the number of climate change-related disputes. Although many of these disputes have thus far been brought before national courts, arbitration is likely to become an increasingly important method for resolving climate change-related disputes in the near future, since these disputes are often of an international nature and may benefit from the use of a neutral forum. In particular, there is likely to be an increase in climate change-related investment treaty arbitration, given the rising influence of climate change in the investment treaty landscape. This will bring into focus a variety of considerations affecting investments which are subject to the protection of one or more investment treaties.

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