Climate Change Disputes & Arbitration

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Climate Change - Disputes - Arbitration
“Tuesday for Future: Arbitration and Climate Change”, DIS40 Autumn Conference in Berlin, Germany, 10 September 2019

On 10 September 2019 Dodo Chochitaichvili participated as speaker at the DIS40 (German Arbitration Institute below 40) Autumn Conference in Berlin on the innovative topic of Arbitration and Climate Change.

At the initiative of Dr. Jennifer Bryant (Noerr) and Dr. Markus Altenkirch (Baker McKenzie), two of the DIS40 co-chairs who acted as moderators, the conference was divided in two panels to discuss what the future might bring for arbitration practitioners in relation to climate change.

The first panel, composed of Ulrich Kopetzki (Dorda), Nicola Peart (Three Crows) and Dr. Levent Sabanogullari (Permanent Court of Arbitration) addressed the question of how climate change can result in disputes involving States.

The second panel, in which Dodo Chochitaichvili intervened together with Dr. Sunny Kapoor (Clifford Chance) and Tanja Stoss (CMS Hasche Sigle), addressed the question of how climate change can result in disputes in commercial arbitration.

Dodo Chochitaichvili argued that although most of the cases are decided by state courts because of the absence of arbitration agreement, arbitration might potentially be an attractive tool because of its features such as flexibility, the decision makers’ expertise and reliable enforcement. As a potential improvement for arbitration as one forum to resolve these disputes, she suggested following the initiatives engaged in establishing international arbitration as a method of resolving disputes over obligations arising out of business-related human rights abuses

A report of the conference made by Fabian Bonke (Hogan Lovells, Assistant Editor for Europe) can be found on Kluwer Arbitration Blog.

Another report of the conference will be soon published by Christian Drews (Noerr) in the SchiedsVZ (German Arbitration Journal).

For more information on the topic, contact
Dodo Chochitaichvili.