Concession Contracts in Times of Energy Transition: Arbitrating Complex Disputes in a Fragmented Regulatory Landscape

Presentation

This panel examines how the energy transition, regulatory turbulence, and the evolving architecture of international investment protection reshape disputes arising from concession contracts in Latin America and Europe. A central theme will be the present backlash against ISDS, a movement that is prompting several jurisdictions to reconsider treaty-based protection and rely more heavily on contractual frameworks. This dynamic invites a broader discussion on whether concession contracts and commercial arbitration may progressively replace the treaty-based route for resolving disputes in climate-sensitive sectors. The session, therefore, explores the extent to which commercial tribunals may be required to address issues that traditionally belonged to the ISDS domain.