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Practitioners have shared their insights with GAR after contracting parties to the Energy Charter Treaty agreed to a sweep of “modernisations”, including an option to withdraw protections for fossil fuel investments and amendments to prevent intra-EU claims.
29 June 2022
The era of ESG is here already and will be a “future battleground for disputes”, the Latin Lawyer and GAR Live Arbitration Summit in Miami heard this week.
27 May 2022
A divided ICSID tribunal has ordered Spain to pay almost €33 million to a Mexican billionaire’s company over cuts to the state’s renewable energy subsidy regime.
10 May 2022
Government action to stop global warming could trigger more than US$340 billion in claims from oil and gas investors, according to a new study calling for an “abolitionist approach” to investment treaties.
10 May 2022
Maguelonne de Brugiere, Helin Laufer and Luke Hard report on a Herbert Smith Freehills case study of the difference in the carbon footprint and costs of in-person and virtual hearings in international arbitrations, unsurprisingly finding that virtual hearings are significantly less carbon-intensive and cheaper.
12 April 2022
A new UN report that says action is needed “now or never” to avoid disastrous global warming has warned that investment agreements may be causing a “regulatory chill” delaying countries from phasing out fossil fuels.
08 April 2022
States’ obligations under the Energy Charter Treaty are potentially in conflict with those under international climate law, and arbitrators may have to integrate the two or decide that “one trumps the other”, according to a new study.
14 March 2022
The first GAR Connect Eastern Mediterranean saw speakers discuss dispute-related trends arising from offshore natural gas fields in the Mediterranean itself, in countries bordering the sea like Cyprus, Israel, Egypt, Libya and Turkey, and as far East as the Gulf and Russia.
10 March 2022
Meriam Nazih Al-Rashid, Kate Lomas and Angela Antoniou of Eversheds Sutherland report on a recently concluded Latin American regional treaty addressing environmental protections and the rights of environmental defenders, and providing for state-to-state arbitration over compliance with its terms.
15 February 2022
In a keynote lecture, Austrian arbitrator and academic Christoph Schreuer addressed the concept of the unity of an investment and its use in investor-state case law. Jaroslav Kudrna and Martin Nováček of the Czech Ministry of Finance report.
13 January 2022
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