Sustainable and Feasible International Investment Arbitration Institution Practices: Environmental and Climate Issues in International Arbitration
Published 7 February 2023
It is no secret that international arbitrations - including investor-State dispute settlement (ISDS) proceedings, which are almost always large, complex arbitrations - have not historically been a friend to the environment. This article explores the unique role that institutions that administer ISDS proceedings can and should play when it comes to promoting formal and informal practices that reduce the environmental impact of such proceedings, including discussing some current arbitral institution practices. However, ISDS administering institutions may face some pushback in implementing new measures from a variety of stakeholders. Therefore, measures that are also time- and cost-effective for the disputing parties may ultimately have the greatest chance for success.
This paper will be part of the TDM Special Issue on "International Investment Arbitration - Environmental Protection and Climate Change Issues". More information here www.transnational-dispute-management.com/news.asp?key=1893