ICC Launches Report on Climate Change Related Dispute Resolution

L-R: Edna Sussman, Matthew Draper, Kevin O’Gorman, Nancy Thevenin, and Hélène van Lith

The ICC Commission on Arbitration and ADR recently released a report on settling business disputes related to climate change with arbitration. The report, titled Resolving Climate Change Related Disputes Through Arbitration and ADR and initially launched in Paris earlier this month, was launched in New York at the offices of Norton Rose Fulbright US LLP on January 21. The New York launch was co-sponsored by USCIB and the International Chamber of Commerce (ICC) International Court of Arbitration©.

The report defines climate change-related disputes and uses hypothetical case studies to demonstrate the potential circumstances in which such disputes may arise. Contracts identified as dealing with climate change include agreements for the creation of wind farms, solar power energy plants, smart cities or to decarbonize. 2019 is a pivotal year in the development of global climate policy with the UN seeking to raise ambition of commitments from states and other actors in line with the imperative to limit global warming to 1.5°C.

“This report provides sample language for ICC arbitration clauses, as well as terms of reference and guidance for case management,” said USCIB General Counsel Nancy Thevenin, who spoke on a panel titled Users’ Perspectives. “Because of the tools this report provides, climate change related disputes can be resolved more effectively. It is an invaluable product for the business community as industries take into account international agreements concerning the environment.”

Featured speakers also included, UN Assistant Secretary-General and Head of New York Office at UN Environment Satya S. Tripathi, ICC International Court of Arbitration President Alexis Mourre, Co-Chair of the Task Force on Arbitration of Climate Change Related Disputes Patrick Thieffry and other renowned members of the international Arbitration community.

Staff Contact:   Nancy Thevenin

General Counsel
Tel: 212.703.5047

Nancy Thevenin supports the USCIB Arbitration Committee and coordinates the work of the U.S. Nominations Committee. She works closely with USCIB’s Business Development team in ensuring a more comprehensive policy, legal and arbitration membership outreach to both law firms and corporations. Thevenin previously served as deputy director of the ICC Court of Arbitration’s North American marketing office. During her tenure, the group helped launch the ICC International Mediation Competition and developed USCIB Young Arbitrators Forum (YAF), with Thevenin drafting the proposal for the ICC to make YAF a global organization. Nancy then joined Baker & McKenzie as a special counsel in and global coordinator of their International Arbitration Practice Group. She left Baker in 2014 to start her own practice as arbitrator and mediator and continues to teach the spring semester international commercial arbitration course at St. John’s Law School.
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