Human Rights Claims and Counterclaims in International Energy Arbitration

Recent high profile energy arbitrations raise the specter of significant human rights counterclaims in investment arbitrations. Such claims, however, need not be limited to investment arbitration. Claims or counterclaims sounding in human rights violations could conceivably be raised in commercial arbitration proceedings, particularly if the human rights claims are raised in the context of allegations of violation of environmental obligations of project sponsors. Similarly, energy companies may well rely upon human rights jurisprudence to make claims concerning alleged egregious governmental misconduct. This panel will address the opportunities and challenges of such claims and counterclaims and how these claims overlap with ongoing ESG efforts on the transactional side.