Abstract

As nations intensify their climate action efforts, the termination or modification of investment contracts through regulatory measures has ignited contentious disputes in international investment arbitration. This paper examines how tribunals navigate conflicts between state-led climate policies and investor protections, with a focus on procedural challenges (such as jurisdiction, admissibility, and arbitration mechanisms) and substantive debates regarding expropriation claims, state liability, and compensation. Central to this analysis is the tension between a state's sovereign ...