Climate Contract Playbook Edition 3
233
3. The parties shall discuss their plans, agree on how best to manage the carbon footprint of the arbitration and agree review dates for their plans.
4. Each party must disclose their total emissions for air travel conducted by all attorneys, paralegals, staff, in-house counsel, clients, experts, witnesses, consultants, suppliers and service providers, for the purpose of preparing for and/or attending any hearing, using an online calculator agreed between the parties.
5. All documents and communications exchanged or submitted in any arbitration shall be in electronic form.
6.
All hearings shall be conducted remotely.
7. The tribunal may deviate from paragraphs 4, 5 or 6 above, on its own initiative or on application of a party, on a showing of good cause, and may condition the grant of such application on the payment of reasonable costs [incurred by the non-applying party as a result of the deviation, for example, reasonable costs related to the production (printing, copying, bundling, compiling) and mailing of any hard-copy documents 132 ]. [The tribunal, in its discretion, may permit hybrid virtual and in-person hearings as it deems appropriate. 133 ]
8. [Under paragraph 7 above, the tribunal may also condition such application on the payment of a carbon offset fee to a programme selected by the arbitral institution under whose auspices the arbitration is conducted, or as agreed by the parties. 134 ]
132 Drafting note: optional addition 1 of references to reasonable costs 133 Drafting note: optional addition 2 of hybrid virtual and in-person hearings 134 Drafting note: optional addition of carbon offset fee
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