Tag: Climate Change

Climate Change Litigation: International Jurisdiction and Applicable Law, Lecture, 7 July 2020

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

Pledge for Greener Arbitration

Green-Arbitration-PledgeThe aptly named Lucy Greenwood is promoting the idea of a Pledge for Greener Arbitrations. Excellent idea – here it is:

  • At all times during the arbitration I will consider and question the need to fly;

  • At all times during the arbitration I will only correspond through electronic means unless hard copy correspondence is expressly required in the circumstances;

  • As an arbitrator, I will not request hard copies of documents to be provided to me;

  • As an arbitrator, I will discourage the use of hard copy bundles in hearing rooms;

  • 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;

  • I will review the level of air conditioning in hearing rooms;

  • As an arbitrator, I will not travel unnecessarily to deliberate with my co-arbitrators, and will use screen sharing/video technology instead;

  • 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;

  • 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

450px-Lago_Palcacocha_2002We 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