Program Host: SIAC & White & Case LLP
The green energy transition – from fossil fuels to renewable and low-carbon energy – has been described as “the biggest economic transformation since the industrial revolution” (J. Kerry, US climate envoy). The transition has given rise to a host of disputes that are bound to multiply, including claims brought by civil rights groups against energy companies and claims brought by investors against states.
Some of these disputes are fought out in domestic courts, others before international courts such as the ECHR, and yet others before investment treaty tribunals. Which among these forums should be in charge of energy transition disputes? Is arbitration well suited for such disputes? For instance, the recent Energy Charter Treaty (ECT) reform allows states to put an end to ECT arbitrations concerning fossil fuel investments. Does this mean that investor-state disputes concerning fossil fuels will disappear, or will they simply shift to national courts?
- Stephanie Cohen, Independent Arbitrator
- Kevin Nash, Registrar, Singapore International Arbitration Centre
- Sven Volkmer, Partner, White & Case
- Adriana Uson, Head, Singapore International Arbitration Centre