On 18 November 2020, Three Crowns partner Kathryn Khamsi chaired a webinar that looked at the importance of emissions trading systems for meeting commitments under the Paris Agreement on climate change, in collaboration with Leilah Bruton and Nicola Peart, and the British Institute of International and Comparative Law (BIICL). Nicola Peart discusses the learnings from that webinar in a recent Global Arbitration Review (GAR) article.

To view the article, published by GAR, please click here.

For more information on the panel’s discussion, please click here to view BIICL’s blog on the event.

EMISSIONS TRADING: INTERNATIONAL LAW AND DISPUTE RESOLUTION

In April of this year, the COP26 UN climate change conference set to take place in Glasgow in November 2020 was postponed due to COVID-19. One consequence: agreement on the rules for a global emissions trading scheme under Article 6 of the Paris Agreement will be deferred again, to at least 2021. As agreement under Article 6 has been delayed in the past, various groups have advocated for increased linking of domestic schemes. The thinking is that this would encourage the creation of a global carbon market, involving a range of State and non-State actors, and thus lead to harmonisation of regulatory standards and lower the costs of reducing emissions.

In that context, Kathryn and an esteemed panel will consider existing international and domestic schemes, as well as the risks to market actors as those schemes evolve and interact, before discussing how these risks may give rise to international disputes.

Three Crowns counsel Leilah Bruton and Nicola Peart were instrumental in the development of the programme.

ABOUT KATHRYN KHAMSI

Kathryn, a partner in the Paris office of Three Crowns, acts for states and corporate clients in disputes ranging from investment treaty to commercial to state-to-state.  Her practice has a particular emphasis on the energy and natural resource sectors.

Clients have commended Kathryn’s “grasp of the technical detail, and her ability to identify and articulate game-changing arguments.”  She is recommended by Who’s Who Legal as a leader in international arbitration and The Legal 500. Kathryn regularly lectures on energy sector arbitration at Sciences Po law school in Paris.

ABOUT LEILAH BRUTON

Leilah, counsel in our London office of Three Crowns, has extensive experience representing corporations on resolving complex disputes involving investment treaties and contractual relationships. She focuses on oil and gas disputes arising out of long-term production sharing agreements and has represented corporations in disputes under all major arbitration rules.

Leilah is recognised by Who’s Who Legal as a “Future Leader” in arbitration and as a “Rising Star” in international arbitration in The Legal 500 UK – 2021 Guide.

ABOUT NICOLA PEART

Nicola, an associate in our Washington, DC, office of Three Crowns, is an English-qualified barrister, and member of the IBA under-40 arbitration committee. She represents States and private parties before a variety of international courts and tribunals. She has acted as counsel in commercial, investment, and ad hoc arbitrations, and has appeared as counsel before the International Court of Justice. She also advises and represents parties in arbitration-related court matters, including before the UK Supreme Court.

Nicola is a member of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings and the Legal Secretary to the Ethics Commission of the International Tennis Federation. She has an active pro bono practice advising and representing developing countries and NGOs.

« Back