Abstract
According to the International Energy Agency, to achieve net zero emissions by 2050, global investment in clean energy must more than triple, reaching $4 trillion. More investments in technology for clean energy and infrastructure means more transactions across major industries. This inevitably translates to the potential for more disputes, including environmental concerns. Most energy related disputes are predicted to arise in the oil and gas sector, the power generation sector, and the offshore renewable sector. Arbitration presents an appealing option to efficiently resolve these emerging conflicts. This paper highlights the growing importance of arbitration in resolving environmental disputes. To explore how this balancing of interests has evolved, Part II of the paper tracks the trends in arbitral proceedings to safeguard natural resources and Part III analyzes the benefits and challenges of using arbitral proceedings in environmental disputes. Finally, the paper explores the effects of a new trend in arbitration for the safeguarding of natural resources in Part IV before concluding that sustainability concerns have risen to the forefront of the global agenda, leading arbitrators to be caught in the triangular relationship between investors, states, and indigenous communities. This gives them the opportunity to act as guardians of sustainable investments and consider SDGs in their awards.
Recommended Citation
Isabella Mazzei, Arbitrators of Environmental Disputes: The Guardians of Natural Resources, 42 Pace Env’t L. Rev 278 (2025).
Included in
Energy and Utilities Law Commons, Environmental Law Commons, Natural Resources Law Commons
