Flip Petillion participated in the preparation of the Report on Resolving Climate Change Related Disputes through Arbitration and ADR which was published by the ICC Arbitration and ADR Commission. Flip has been a member of this ICC Commission for many years.
The Report is available here.
The ICC Commission on Arbitration and ADR, with the support of the ICC Commission on Environment and Energy, had created a task force on “Arbitration of Climate Change Related Disputes” (the “Task Force”). Climate change related disputes, for the purpose of the Task Force and this Report, require the existence of a valid and binding agreement to arbitrate whereby parties agree to resolve disputes relating to climate change.
The purpose of this Report is to examine the role for Arbitration and ADR in the resolution of international disputes related to climate change.
The Report first defines climate change related disputes (Section II), providing case studies as appropriate, and then explores current, potential use and benefits of ICC Arbitration and ADR services to resolve such disputes (Sections III and IV) and identifies six broad features that potentially enhance the existing procedures to further improve their effectiveness for resolving climate change related disputes (Section V).