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Caline Mouawad and Gretta Walters Publish Chapter in Kluwer Law International’s “Investment Arbitration and Climate Change”

Where Advocacy Meets Business

January 2024—Chaffetz Lindsey’s Caline Mouawad and Gretta Walters have published a chapter in Kluwer Law International’s “Investment Arbitration and Climate Change.” The publication stands to be a comprehensive elaboration where experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors.

Caline’s and Gretta’s chapter titled “Climate Science: A Role to Play at Every Stage of Investment Arbitration?” examines how climate science may come into play at various points in the life of an investment arbitration:  i) at the threshold phase, when tribunals assess whether a covered investment or admissible claim exists; ii) at the liability phase, when a State’s sovereign right to regulate for climate change mitigation or adaptation may come up against its investment treaty obligations; and iii) at the damages phase, when compensation may be measured in light of the moral imperative of reducing emissions.  This chapter examines the role that climate science may play, if any, at each of these stages of an investor-state arbitration.

Learn more and purchase the full publication here.

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