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Lessons for International Arbitration From Recent U.S. Climate Change Litigation
The international arbitration community has publicly embraced the expectation that climate-change-related disputes submitted to arbitration will increase exponentially over the coming decade. Arbitral institutions and individual arbitrators, law firm practitioners, and academics have all forecasted that cases related to or impacted by energy production and distribution (both fossil fuel and alternative), supply chain issues and catastrophic climate events will multiply. So will investor-State disputes, particularly as nations around the world increase their regulation of the energy industry and the environment to meet international treaty obligations, blunt the effects of climate change, and address the issue of equity among impacted communities.