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Recommendations for Effectively Resolving Climate Change Disputes Against Investors

Emily Davies


Investors, such as banks and pension funds, are responsible for a substantial amount of the capital required to achieve the goals of the Paris Agreement. Following the development of climate change legislation and case law, investors have become increasingly exposed to disputes under corporations, finance and securities and torts law relating to the climate risk of their investments. Therefore, this paper seeks to inform investors, litigants and other relevant actors as to the best approach to effectively resolve such disputes, acknowledging the urgency with which the world must take action to mitigate the impacts of climate change. Based on the nature of climate change disputes, this paper assesses the effectiveness of litigation, public inquiry and mediation as dispute resolution mechanisms. This paper explains that public inquiry may be effective in pre-empting and resolving climate change disputes against investors. Litigation may however be appropriate where the parties seek to create legal precedent or obtain enforceable remedies. Further, mediation is generally unsuitable for resolving climate change disputes against investors but may be useful in narrowing the scope of issues between the parties as part of a public inquiry or litigation.

Emily Davies, CleanCo Queensland Limited. For correspondence: <>.


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