ICJ's Climate Opinion and International Arbitration

Presentation

The ICJ's landmark advisory opinion on climate change obligations, alongside with other international judicial decisions, are reshaping the international legal landscape. As climate accountability moves from policy forums to arbitration cases, the rules of engagement are shifting. This session brings together leading practitioners and academics to decode what these developments could mean for the future of arbitration.

The following questions will be debated by the panelists:
- Can an award be set aside or refused recognition for being contrary to or because it prevents compliance with mandatory climate change goals (as set, for example, by the ICJ opinion)?
- How, if at all, have investors’ legitimate expectations about the legal framework in which the invest changed since the 2014 Paris Agreement, or since the July 2025 ICJ opinion?
- Are some damages methodologies incompatible with the ICJ opinion (income approach versus asset approach) for valuing certain types of investments (such as those which the ICJ and judges’ opinions say must be controlled, curtailed or simply phased out)?
- What is the relevant international climate change law when interpreting an international investment treaty in the context of an investment dispute where aspects of climate change are relevant, considering the ICJ opinion addresses the Paris Agreement as well as custom? Would the position be the same under investment treaties of all states?

Co-organised with the Centre de Droit International de Nanterre of the Université Paris Nanterre and the Diplôme Universitaire “Droit des énergies en transition, de l’investissement et de l’arbitrage international”.

The event will be held at the Amphitheater R04 of the Bâtiment de la Formation Continue of the Université Paris Nanterre on 25.03.2026.

Doors open for all attendees at 6:00 P.M.

The conference officially begins at 6:30 P.M.

The conference is followed by a cocktail dînatoire which will last until 9pm.

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FOREWORD by Pr. Denys-Sacha ROBIN - Université Paris Nanterre

MODERATOR:
- Pierre-Olivier SAVOIE - Savoie Arbitration, Partner

SPEAKERS:
- Wendy MILES KC - 20 Essex
- Ben LOVE - Ben Love Arbitration, Partner
- Antolín Fernández ANTUÑA - Antuña & Partners, Partner
- Pr. Lilian LARRIBÈRE - Université Paris Nanterre

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Please note: this event will be presented in English. Please note that no interpretation or translation will be provided.