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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

11/10/2017

Protection of the environment in investment arbitration – a double edged sword

This is an archived article, and some links may not work. Contact us if you have any questions.

Dr Kate Parlett of 20 Essex Street and Sara Ewad co-authored this article discussing the rise in investment disputes with an environmental component. Key points the authors discuss include:

  • More than 60 investment disputes filed since 2012 have involved some kind of environmental issue.

  • Environmental obligations might be invoked by States against investors, by way of a counterclaim. The most likely basis of a counterclaim is the host State’s domestic law, binding on investors under a contract or other requirement to comply with national laws. A damages award against investors for breach of environmental obligations could be substantial.

  • A State’s domestic and international environmental obligations might also be invoked by an investor – an investor might be able to claim damages for the State’s failure to comply with an environmental obligation where such failure has caused damage to a protected investment. An investor might also claim that a State’s environmental obligations should be taken into account in assessing whether there has been a breach of a treaty standard, such as fair and equitable treatment or full protection and security.

The full article is attached below.


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