The Future Architecture of Climate-Related Dispute Resolution: Bridging Litigation, Arbitration and ADR

Event Details

Climate change-related disputes are arising across an increasing number of legal systems. Over the past decade, climate litigation has become one of the most dynamic areas of legal development, raising novel questions concerning accountability, evidence and remedies, including in the corporate sphere. Co-organised by the University of Lausanne and the British Institute of International and Comparative Law (BIICL), this conference discusses recent developments in climate governance, climate law and corporate climate litigation, including updates from Switzerland. It also addresses the evolving role of arbitration and the potential contribution of ADR mechanisms to climate-related disputes, with the aim of assessing how litigation, arbitration and ADR may collectively contribute to a coherent, effective and forward-looking system of climate change-related dispute resolution.

Programme

13:00-13:30 Registration and Coffee

13:30 Welcome Remarks
Prof. Eva Lein, Professor of Law and Co-director of the LL.M. in International Business Law, University of Lausanne; Senior Research Fellow and Director of the Centre for Comparative Law, BIICL

13:35-15:00 Panel I: Global Developments in Climate Governance, Attribution Science and Climate Accountability
This panel examines recent developments in international climate governance, attribution science, climate litigation and the broader landscape of climate-related dispute resolution, highlighting how advances in law, policy and climate science are reshaping climate accountability and setting the broader context for the discussions that follow.

Chair: Prof. Eva Lein, University of Lausanne / BIICL

Speakers:

• Prof. Marie-Claire Cordonier Segger, Chair in Sustainable Development Law and Policy, University of Cambridge
• Wendy Miles KC, Barrister and Arbitrator, Twenty Essex, London
• Dr Yann Quilcaille, Climate Scientist, ETH Zürich
• Dr Ivano Alogna, Senior Research Fellow in Environmental and Climate Change Law, BIICL

15:00-15:40 Spotlight on Switzerland: Presentation of the Swiss National Report for the BIICL Global Toolbox on Corporate Climate Litigation

Chair: Dr Ivano Alogna, BIICL
Presenter: Dr Andreas Hösli, Counsel, Kellerhals Carrard, and National Rapporteur for Switzerland, BIICL Global Toolbox on Corporate Climate Litigation
Commentator: Johannes Wendland, Legal Advisor, Climate Justice, HEKS/EPER (Swiss Church Aid)

15:40-16:00 Coffee Break

16:00-17:30 Panel II: Arbitration and ADR in Climate Change-Related Disputes
This panel examines how arbitration and ADR may complement litigation in resolving climate- related disputes involving states, investors, corporations and other stakeholders. Themes include dispute settlement under the UNFCCC and the Paris Agreement; mediation and conciliation in climate disputes; arbitration as a mechanism for resolving climate-related disputes; climate-related investment arbitration; ESG clauses and sustainability commitments; transparency, public participation and procedural legitimacy; and the relationship between arbitration and climate litigation.

Chair: Prof. Eva Lein, University of Lausanne / BIICL

Speakers:

• Prof. Markus Gehring, Professor of European and International Law, University of Cambridge 
• Patrick Thieffry, Independent Arbitrator; Avocat, Paris Bar, and Attorney-at-Law, New York 
• Vanessa Alarcon Duvanel, Counsel, King & Spalding LLP, Geneva
• Dr Thomas Lehmann, Avocat at the Paris Bar
• Atie Babaie, Doctoral Researcher, University of Basel, and Volunteer Researcher, BIICL

17:30-17:45 Concluding Reflections
Prof. Andreas R. Ziegler, Professor of International Law, University of Lausanne

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Registration

This event is free to attend please register with Daniela.SerraccaFraccalvieri@unil.ch

If wish to participate online, please let Daniela know, and a link will be provided.