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International Arbitration in the Energy Sector edited by Scherer, Maxi (22nd February 2018)

Part III Public International Law Disputes, Climate Disputes, and Sustainable Development in the Energy Sector, 18 Climate Disputes and Sustainable Development in the Energy Sector: Future Directives

David W Rivkin, Catherine Amirfar

From: International Arbitration in the Energy Sector

Edited By: Maxi Scherer

Subject(s):
Permanent Court of Arbitration (PCA) — Arbitration

This chapter addresses both climate change mitigation and climate change adaptation. It makes ‘the case for international arbitration’, analyzing in particular current dispute resolution structures on carbon trading and the specific set of arbitration rules developed by the Permanent Court of Arbitration (PCA) to resolve environmental disputes. It shows how increased awareness of climate change and its effects have clearly influenced the litigation and arbitration worlds. Developing bespoke environmental arbitration rules offers a number of benefits, including transparency, procedural flexibility, access to technical experts and arbitrators with key climate change expertise, and the possibility of multiparty involvement. Such rules may be of particular benefit to parties involved in carbon credit trading systems and investment projects motivated by such systems.

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