Does Arbitration Have a Role to Play in Climate Change Litigation?

It is now widely accepted that achieving net zero will require dynamic regulatory responses, proactive energy transition policies, international cooperation on emissions reduction, and tens of trillions in private capital investment towards decarbonisation. These economy -wide shifts are, in turn, expanding the scope for disputation on climate -related matters, as well as the fora in which climate -related disputes are being heard. In this article, we chart the rise and evolution of climate change litigation and the emerging role of arbitration as an important forum for climate change -related disputes. We contend that arbitration will be most appropriate in climate cases involving a transboundary, foreign investment and/or contractual dimension. In such cases, arbitration offers a neutral, flexible dispute resolution mechanism that can deliver timely, enforceable outcomes that are overseen by properly appointed adjudicators with relevant technical expertise.