Author
Dr Petrina Tan Tjin Yi
Organisation/Institution
University of Malaya, Faculty of Law
Country
MALAYSIA
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
Dr Petrina Tan Tjin Yi is a Senior Lecturer at the Faculty of Law, Universiti Malaya. She holds a PhD and an LL.M (Corporate & Financial Services Law) from the National University of Singapore as well as an LL.B (Hons)(Distinction), equivalent to a First Class Honours degree from Universiti Malaya. She was awarded a Commonwealth Scholarship to pursue a PhD at the National University of Singapore and was conferred the PhD in July 2023. Her doctoral thesis examined the regulation of the alternative market listing regime by selected stock exchanges in Asia. Her prior research on retail investor protection and institutional investor stewardship has been published as journal articles in the Erasmus Law Review, the Asian Journal of Comparative Law and the Journal of Malaysian and Comparative Law. She has also contributed a book chapter to the edited volume ‘Global Shareholder Stewardship’ published by Cambridge University Press. Dr Petrina Tan has presented, convened and moderated panels at various international and regional conferences. Her research interests include capital market law and policy, company law and corporate governance and regulatory theory more generally. She was previously a corporate lawyer, federal counsel at the Malaysian Attorney General’s Chambers, senior manager at Bursa Malaysia and Postdoctoral Fellow at the EW Barker Centre for Law & Business. She was also a sessional tutor at the School of Business, Monash University Malaysia, where she taught Malaysian company law.
