On 28 May, Managing Director Fabricio Nuñez will speak in a session titled “Damages Assessment in Climate-Related State-to-State Disputes and Investor-State Disputes: Costs to States and Investors” at the World Arbitration Update 6th Edition in The Hague, Netherlands.

The panel discussion will explore how damages are assessed in climate-related disputes in state-to-state proceedings and investor-state arbitration following the International Court of Justice’s (ICJ’s) Climate Change Advisory Opinion. The panel will examine the methodologies used to quantify climate-related harm, regulatory costs, stranded assets, and loss of future profits and the evidentiary and valuation challenges these disputes present. The discussion will also consider how the ICJ’s articulation of climate obligations may affect causation, attribution, and quantum, including any non-traditional approaches to assessing quantum, and what this could mean for the financial exposure of states and investors.