Podcast 7: Is arbitration a catalyst for change in the movement to combat climate change?

The former President of the IBA, David W. Rivkin, set high expectations for the role of international arbitration in climate change litigation describing it as “an important catalyst in the wider movement”.

In this podcast, Angeline Welsh takes stock with environment specialist Kate Cook as to where the wider movement to combat climate change is post the 2015 Paris Agreement.  She then explores with Wendy Miles QC what role arbitration can play in three areas; state to state disputes, investor state disputes and commercial disputes between private parties.  Kate sets out some of the challenges for climate change litigation ahead and we touch on how this could play out in the broader legitimacy debate for international arbitration.

Other useful resources on this topic include:

• The 2017 e-book published by the ICC “Dispute Resolution and Climate Change: The Paris Agreement and Beyond” which looks at the areas of law which are fast developing in light of some of the issues thrown up by climate change.
• The 2014 IBA report “Achieving Justice and Human Rights in an Era of Climate Change Disruption“

Wendy Miles QC is a partner in Debevoise & Plimpton LLP and is recognised as one of the market’s foremost lawyers in the fields of arbitration and public international law. Wendy has conducted arbitrations under all the major institutions, as well as conducting ad hoc arbitrations and undertaking significant public international law cases. She has advised a wide range of multi-nationals, sovereign states and state entities and represented clients across numerous sectors, including energy, natural resources, gaming, manufacturing, financial services, pharmaceutical, licensing, telecommunications, insurance and construction. Wendy is the editor of ‘Dispute Resolution and Climate Change The Paris Agreement and Beyond’.

Kate Cook is a barrister at Matrix Chambers and has specialist and wide-ranging expertise in environmental law. She currently chairs the Legal Response Initiative, supporting Least Developed Countries and NGOs at the climate change negotiations. Before joining Matrix, Kate worked for six years as a lawyer in the former Department of the Environment (International & EC Division).

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