Climate Contract Playbook Edition 3
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This Protocol is voluntary and parties should indicate at an early stage whether they intend to seek to adhere to it or specific modules within it. A tribunal may also indicate to the parties that it expects the protocol to be adhered to as much as possible by the parties, with the parties’ agreement to be recorded in a procedural order, terms of reference or terms of appointment, as appropriate. Parties should consider re-visiting their commitment to the modules on a regular basis, including in relation to specific stages of the dispute. As the protocol becomes established some of the drafting could be condensed into principles to avoid repetition. However, the detail and breaking down into the component stages provides the granularity for awareness and impact. See also Toby and Mia’s clauses. Toby’s and Mia’s clauses focus on a subset of topics addressed in Emilia’s protocols. The below guiding principles should be considered by litigation and arbitration practitioners wherever possible ahead of a dispute and during the course of proceedings. 1. Generally to conduct the proceedings in the most environmentally conscious manner available. 2. To reduce the use of paper-based documentation and correspondence where efficient electronic versions offer a viable alternative. 3. To reduce travel and conduct meetings and hearings remotely, where practicable. 4. To request that all third parties engaged during the course of the proceedings be mindful of these guiding principles and the protocols to which the parties have subscribed. 5. To recycle all materials used where possible. 6. The protocol has been drafted to be broad so that it applies to a range of dispute types. Further it is designed not to be too prescriptive so that parties can implement in a way that suits them and the needs of the dispute best.
Application
Notes for users
There are offset options for parties not able to adhere to the protocol(s) but who still want to do something positive.
Green Arbitration Protocol Module 1 Written Correspondence Written Correspondence Between the Parties and To and From the Tribunal 1. Parties agree to correspond by way of electronic communication only, and not to print copies of electronic communications unnecessarily. Parties, the Tribunal, the relevant arbitral institution and the Tribunal Secretary should seek to correspond by way of electronic communication only, and not print copies of electronic communications unnecessarily. 2. Parties agree not to request hard copy documents from each other unnecessarily. 3. The relevant participants should share or agree on the following: a. the relevant email addresses for all email communications to be sent to if not using a shared platform for all communications;
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