We have covered climate change litigation here before, in particular the case of a Peruvian farmer against German utility company RWE currently pending before the Court of Appeals (Oberlandesgericht) Hamm. So I thought I ought to alert readers to food for thought on the topic that is on offer: Read More
Tag: Climate Change
Climate Change Litigation: Hamm Court of Appeals Considers Site Visit in Peru
We have tracked the first major piece of Climate Change litigation in Germany, an action by Peruvian farmer Saul LLiuya against German energy company RWE, since it was started in November 2015. Here’s a recap of what happened so far:
Pledge for Greener Arbitration
The aptly named Lucy Greenwood is promoting the idea of a Pledge for Greener Arbitrations. Excellent idea – here it is:
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At all times during the arbitration I will consider and question the need to fly;
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At all times during the arbitration I will only correspond through electronic means unless hard copy correspondence is expressly required in the circumstances;
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As an arbitrator, I will not request hard copies of documents to be provided to me;
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As an arbitrator, I will discourage the use of hard copy bundles in hearing rooms;
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As an arbitrator, I will suggest, and as counsel I will consider, where appropriate, that witnesses give evidence through video-link rather than attend hearings in person;
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I will review the level of air conditioning in hearing rooms;
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As an arbitrator, I will not travel unnecessarily to deliberate with my co-arbitrators, and will use screen sharing/video technology instead;
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As counsel, I will not travel unnecessarily to conduct fact finding or other interviews with witnesses and will use screen sharing/video technology instead where appropriate;
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I will offset the carbon emissions of any flights I make to arbitration hearings.
To take the pledge, klick here!
Climate Change Litigation: Hamm Court of Appeals to Take Evidence in LLiuya vs. RWE
We had reported on the first instance proceedings in the Essen District Court (Landgericht) brought by Peruvian farmer Saúl Lliuya against German energy giant RWE, which resulted in a dismissal of Lliuya’s claim to hold RWE liable for climate change-related damages he might suffer. LLiuya owns property in Huaraz, Peru and argues that this property is exposed to a high risk of flooding and earth slides as a result of the local glacier melting and the water volume in a lagoon above his property increasing dramatically. Read More