How can Arbitration Best Serve the Energy Transition?

Presentation

The energy transition from fossil fuels is already under way but an enormous progress towards net zero carbon emission remains to be made. Such advances will require a wholesale shift in virtually every manner that market players produce and consume energy. This shift will be accompanied by new geopolitical tensions as access to raw materials are essential to many green solutions. As governments and commercial parties seek to adapt to these developments, please join Foley Hoag, in two successive 1-hour panels, to discuss how international arbitration can best serve the energy transition. Our panelists will cover a wide array of current topics, including:

• The role of new BITs in shaping the intersection between international investment law and environmental sustainability.
• How States can raise climate change and environmental obligations as a legal defense in investment arbitration.
• The impact of future changes to the Energy Charter Treaty as well as withdrawals from it.
• Price volatility and stabilization clauses in the context of the energy transition.
• Regional particularities in the resolution of energy transition disputes.