Which Green Actions will you commit to?

Green Actions for Arbitrators

  • For co-arbitrators – endeavor to nominate a presiding arbitrator/chair who places an emphasis on sustainable behaviors.

  • Propose that the first procedural conference be virtual, as well as any subsequent case management conferences that may be held.

  • i. Adopting the Model Green Procedural Order

    ii. Referencing the Green Protocol for Arbitral Proceedings

    iii. Incorporating default rules for sustainable behaviors outlined in the Green Protocol for Arbitral Proceedings. For example:

    1. Virtual procedural conferences

    2. Default electronic submission of documents

    3. Use of a case management platform

    4. Encouraging witnesses and experts to appear virtually

    5. If printing is required – use of A5 bundles for briefs, witness statements, and expert reports and/or core bundles of exhibits – avoid printing entire case file

    6. Encourage excerpting of relevant exhibits – with link to full version

    7. Identify hearing venue that uses sustainable behaviors or adheres to the Green Protocol for Arbitral Hearing Venues

Green Actions for Law Firms

  • Endeavor to nominate party-appointed arbitrators and presiding arbitrators/chairs who place an emphasis on sustainable behaviors.

  • Propose that the first procedural conference be virtual, as well as any subsequent case management conferences that may be held.

  • i. Adopting the Model Green Procedural Order

    ii. Referencing the Green Protocol for Arbitral Proceedings

    iii. Incorporating default rules for sustainable behaviors outlined in the Green Protocol for Arbitral Proceedings. For example:

    1. Virtual procedural conferences

    2. Default electronic submission of documents

    3. Use of a case management platform

    4. Encouraging witnesses and experts to appear virtually

    5. If printing is required – use of A5 bundles for briefs, witness statements, and expert reports and/or core bundles of exhibits – avoid printing entire case file

    6. Encourage excerpting of relevant exhibits – with link to full version

    7. Identify hearing venue that uses sustainable behaviors or adheres to the Green Protocol for Arbitral Hearing Venues

  • Share a commitment to sustainable behaviors as the default expectation for preparatory work for the arbitration.

  • Particularly when witnesses, experts, and counsel are located in different countries, and where remote preparation is not practical, that they endeavor to travel between cities using less carbon-intensive means that are available.

  • Ensure that hearing centers selected for the arbitration hearing have adopted measures to reduce carbon emissions, consistent with the Green Protocol for Arbitral Hearing Centers.

  • Share with corporate colleagues and clients language for arbitration clauses that incorporates a commitment to environmentally sustainable behaviors.

  • Ensure that internal law firm operations abide by the Green Protocol for Law Firms, Chambers and Legal Service Providers working in arbitration.

  • Actively encourage other law firms, including co-counsel and opposing counsel, to adopt sustainable behaviors in arbitration matters

  • Ensure that all events hosted or co-sponsored by the law firm abide by the Green Protocol for Arbitration Conferences.

  • i. Case Management platforms

    ii. Annotating documents electronically

    iii. Videoconferencing software

    iv. Digital communication and collaboration platforms between counsel teams members

Green Actions for Institutions

  • i. A mandatory obligation for the parties, counsel, representatives, the institution, and the tribunal to “be mindful of” or “take into consideration” the environmental impact of the arbitration.

    ii. A reference to the CGA’s Green Protocols.

    iii. Specific default rules promoting sustainable behaviors (e.g. virtual procedural conferences, hearings, electronic submission of documents, use of a case management platform, appearance of witnesses/experts virtually, excerpting of relevant exhibits, etc.)

  • Amend draft arbitration clause to ensure default commitment to environmentally sustainable behaviors.

  • Endeavor to appoint arbitrators and presiding arbitrators who place an emphasis on sustainable behaviors.

  • Share the Model Green Procedural Order and the Green Protocol for Arbitral Proceedings with arbitrators upon constitution of the arbitral tribunal and encourage them to incorporate them in whole or in part in a first draft Procedural Order No. 1.

  • i. Case Management platforms

    ii. Annotating documents electronically

    iii. Videoconferencing software

    iv. Digital communication and collaboration platforms between tribunal members

  • Offer a case management platform for the case.

  • Ensure that hearing centers associated with the institution abide by the Green Protocol for Arbitral Hearing Centers.

  • Actively encourage other institutions to adopt sustainable behaviors.

  • Implement the Green Protocol for Arbitral Institutions for the internal operations of the institution.

  • Ensure that all events hosted or co-sponsored by the institution abide by the Green Protocol for Arbitration Conferences.

Green Actions for Corporate Counsel and Commercial Representatives

  • Endeavor to nominate party-appointed arbitrators and presiding arbitrators/chairs who place an emphasis on sustainable behaviors.

  • Ensure that outside counsel propose that the first procedural conference be virtual, as well as any subsequent case management conferences that may be held.

  • Ensure either through in-house counsel’s direct participation or through coordination with external counsel, that the procedural framework of the arbitration incorporates sustainable behaviors by:

    i. Adopting the Model Green Procedural Order

    ii. Referencing the Green Protocol for Arbitral Proceedings

    iii. Incorporate default rules for sustainable behaviors outlined in the Green Protocol for Arbitral Proceedings.

    1. Virtual procedural conferences

    2. Default electronic submission of documents

    3. Use of a case management platform

    4. Encouraging witnesses and experts to appear virtually

    5. If printing is required – use of A5 bundles for briefs, witness statements, and expert reports and/or
    core bundles of exhibits – avoid printing entire case file

    6. Encourage excerpting of relevant exhibits – with link to full version

    7. Identify hearing venue that uses sustainable behaviors or adheres to the Green Protocol for Arbitral Hearing Venues

  • Ensure that experts and service providers are aware of the Green Protocol at the outset of the relationship, and share a commitment to sustainable behaviors as the default expectation for preparatory work for the arbitration.

  • Ensure that witness and expert preparation will be conducted remotely, particularly when witnesses, experts, and counsel are located in different countries, and where remote preparation is not practical, that they endeavor to travel between cities using less carbon-intensive means that are available.

  • Ensure that hearing centers selected for the arbitration hearing have adopted measures to reduce carbon emissions, consistent with the Green Protocol for Arbitral Hearing Centers.

  • Offer training to in-house corporate counsel teams to facilitate sustainable communication between in-house and outside counsel. For example on annotating documents electronically, videoconferencing software, digital communication, and collaboration platforms between in-house and outside counsel teams.