HSF has published a new Insight addressing contractual disputes arising from climate change. This is the latest instalment in the ongoing series on Climate Disputes: A 360-degree Perspective, which examines the vast range of disputes risks which businesses may face as a result of climate change and its effects on their operating environment. This series has considered public law claims, shareholder claims, intellectual property disputes, regulatory investigations, claims before human rights mechanisms, and parent company and supply chain risk, among other topics.
This most recent article addresses a much less visible form of climate change-related dispute, namely the resolution of business-to-business conflicts arising from contractual frameworks. Many of these disputes are resolved behind closed doors, including through commercial arbitration, and so garner far less focus in the context of climate disputes than the more headline-grabbing cases before domestic courts. They demonstrate the significant role that arbitration will play in the way commercial parties untangle the contractual implications of the energy transition and climate change issues.
The article is available here. The wider Insights series on Climate Disputes can be found on our website here and on our ESG blog.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
