Climate Contract Playbook Edition 3
221
[Emilia’s Protocols] NEW
The Origin Story
Child’s name
Emilia’s Protocols
Full name
Green litigation and arbitration protocols
Practice Area / Sector
Arbitration & Dispute Resolution, Commercial, International Development
The processes and paperwork for courts/tribunals to conduct disputes is carbon intensive and environmentally unfriendly.
Issue
Two similar protocols (litigation and arbitration) with modules which parties can opt into at the start of a dispute to make it lower carbon and greener.
Solution
Disputes often involve a lot of environmentally unfriendly practices. Numerous copies of paper bundles, travel to hearings etc.
Disputes are not normally aligned with corporate objectives on environment or climate, yet they are part of business life.
Context
Companies are becoming increasingly aware of this issue and are looking to see what law firms are doing when considering who to have on their panel and these companies also need to show what they are doing to offset their own impact.
Adherence to all or some of the protocol(s) would reduce paper consumption and other environmentally-unfriendly practices
Impact
Raising the protocol at the start of a dispute helps focus parties’ minds on environmentally friendly practices
1. Practitioners – disputes as well as those in more niche practices such as construction, financial litigation etc. to ensure that the protocols reflect the different types of disputes 2. In-house counsel 3. Arbitration tribunals and institutions
Stakeholders
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