Climate Contract Playbook Edition 3
232
The impact is clear if 8 trees and 2000kwh are saved by each attorney on each arbitration then there is clear Carbon Saving from the paper alone. Albeit many firms will already use 100% recycled paper in their operations.
The virtual hearings clause would codify parties’ commitment to greener proceedings. It would not only reduce the environmental impact of disputes by decreasing carbon costs associated with air travel and paper consumption, but also boost efficiency of dispute resolution through use of technology and digital documents. It should also be noted that virtual hearings would save costs for the parties involved as there would be no travel to venues where hearings are taking place (which may be considerable for international arbitrations) and fewer or no paper bundles to produce.
Impact
1. Parties in dispute 2. Arbitrators 3. Staff at arbitration institutions 4. Lawyers 5. Trainees and paralegals 6. Witnesses 7. Experts 8. (and most importantly) Trees
Stakeholders
When drafting the arbitration agreement, drafters should consider all potentially applicable mandatory laws, and consider if any change to this clause language is necessary or desirable.
Application
It goes without saying that a user of the drafting would need to consider any procedural requirements or limitations on virtual hearings and use of digital documents within the jurisdiction or under the laws applicable to the contract or arbitration agreement before adding the virtual hearings clause.
Notes for users
Option 1 (basic clause): 1.
The parties agree that any arbitration commenced pursuant to clause [x] of this Agreement, shall be conducted having regard to the Campaign for Greener Arbitrations’ Green Pledge 131 with a view to reducing the environmental impact of disputes. 2. At the outset of any arbitration, each party shall submit to the tribunal its plan for minimising the carbon footprint of the arbitration, including but not limited to its plan for engaging consultants, suppliers and service providers who commit to minimising their carbon footprint.
131 https://www.greenerarbitrations.com/news/the-green-pledge-no-talk-more-action
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