Author
Mr Melvin Loh
Organisation/Institution
Singapore University of Social Sciences
Country
SINGAPORE
Panel
Environmental Law
Title
Climate Litigation and the Mediation Alternative in Southeast Asia
Abstract
In recent times, there have been an increasing number of climate litigation lawsuits commenced by activist shareholders against states and multinational corporations in the Global North. These have ranged from allegations of greenwashing to the lack of credible action taken to address climate risks. This wave of lawsuits has now begun to extend to the Global South, with affected communities stepping up to sue governments and corporations in response to similar concerns. In the long run, there are concerns if litigation in such matters are a sustainable solution to the ever changing situations. In this regard, questions arise as to whether mediation is able to serve as a suitable alternative to resolving such disputes in Asia as and when they arise, given the legislative landscape in the shadow of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation. These questions are also contemplated in view of the advantages of mediation in fostering longer-term relationships which are necessary in addressing complex and multifaceted issues such as climate change and its long-term impact on businesses and society at large. This paper will first examine the various types of climate litigation lawsuits which have been filed in the Southeast Asian region. It will then turn to an appraisal of whether mediation is able to serve as a suitable alternative to climate litigation in Asia and the potential challenges it faces in doing so. It argues that a case may be made to support the role of mediation in this regard given its increasing prevalence in recent years as well as its other advantages as a form of dispute resolution
Biography
Melvin is a Senior Lecturer with the School of Law, Singapore University of Social Sciences (‘SUSS’), where he specialises in conflict resolution, with a focus on mediation and negotiation, and criminal law. In 2023, he was awarded the SUSS Excellence in Teaching Award and the Staff Service Award for his work with SUSS. In honour of his sterling contributions to the administration of justice, Melvin was conferred the Outstanding Court Volunteer Award 2023 (Advocate & Solicitor Category) by The Singapore Courts. In 2024, he was awarded the Singapore Mediation Centre ‘SMC Faculty Award-Assessor/Coach’ in recognition of his exceptional contributions. Melvin is a Certified Mediator with the Singapore International Mediation Institute, an empanelled Associate Mediator and trainer with the Singapore Mediation Centre and an empanelled mediator with the Community Mediation Centre. Melvin has presented, taught, trained, and assessed in multiple international jurisdictions in furtherance of the development of mediation and conflict resolution. Melvin is an empanelled senior mediator on the Sage Mediation Senior Mediator Panel, which consists of independent mediators from around the world who are recognised by users to be amongst the best in their craft. In 2024, he was appointed as Faculty Leader with the Sage Mediation Institute for Leadership Education. Melvin is Counsel with Peter Low Chambers LLC and serves as Vice Chairperson of the Community Legal Clinics Committee, Executive Committee member with the Mediation Committee of the Law Society of Singapore, the Criminal Legal Aid Scheme and as Honorary Treasurer of the Asia Pacific Institute of Experts.
