Climate Contract Playbook Edition 3
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Reduced paper use and the corresponding saving of energy, Co2 and water. Reduced need for paper will assist with avoiding deforestation/felling of trees and increased preservation of natural habitats, water savings and reduced carbon footprint for the construction project. Where it is essential to use hard copy bundles, further energy savings can be made by using recycled paper 137 . It would make parties more aware of environmental obligations/factors from outset of a contractual relationship. The use of electronic bundles could be reported in a firm’s sustainability report as an amount of emissions, water, ink, paper and energy saved.
Impact
1. Commercial companies considering disputes clauses at outset of contract 2. Trade bodies 3. Courts 4. International arbitration bodies (ICC, LCIA, PCA, SCC etc.)
Stakeholders
5. E-court providers 6. In house lawyers 7. Law firms 8. Knowledge lawyers
Application
Any commercial agreement with a dispute resolution clause.
Success of the clause might be limited by the willingness of a court to adopt such measures, but could be used in mediation or arbitration agreed between the parties. Law firms could set targets to ensure that [x]% of their disputes are conducted with only electronic documentation. See also PD 51O The Electronic Working Pilot Scheme in relation to e-working and court practice and procedure 138 . There is the possibility to expand this approach further to include any legal procedure or in any transaction – following the move to use e-signing at a completion meeting. E-signing is now the norm in commercial transactions following Covid-19. Clause 1.4 could be expanded to clarify that the offsetting obligation applies to business travel. See also Emilia and Mia’s clauses for alternative approaches.
Notes for users
BACKGROUND (A) The parties have agreed to consider Climate Change Mitigation [or link to Emilia’s protocols] as part of their discussions in the event of a dispute arising from this agreement.
137 https://recycled-papers.co.uk/green-matters/why-use-recycled-papers/saving-wood#:~:text=Saving%20wood,-Using%20wood%20 to&text=Each%20time%20paper%20is%20recycled,paper%20breaking%20down%20in%20landfill. 138 https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51o-the-electronic-working-pilot-scheme
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