Introduction

This article demonstrates the multiple ways in which Duelling with Dragons projects could be challenged in litigation, arbitration, or through regulatory action linked to climate change. These are ordered roughly in order of the likely time that the actions would be commenced, and would include: (a) Domestic litigation (for example judicial review) challenging project approvals (Part I below); (b) International commercial arbitration arising from climate-related regulatory action that impacts on previously negotiated contractual rights (Part II below); (c) Shareholder ...