Legal Technology Interview Series: Andrew Mackenzie
In the fourth in the Legal Technology Interview series, Anish Patel, Practice Manager, Three Crowns and Basil Woodd-Walker, Counsel, Simmons & Simmons, interview Andrew Mackenzie, Scottish Arbitration Centre.
Tell us about Article 23 of the Rules of the Scottish Arbitration Centre. What was its genesis?
Making provision for greener arbitration in our Rules was discussed in early brainstorming sessions on the draft Rules. I sit on the European Subcommittee of the Campaign for Greener Arbitration, so appreciate the importance of persuading the arbitration community and those involved in dispute resolution to reduce the climate impact of arbitration. Our Rules Committee, comprising some Directors of the Board, supported the proposal. Article 23 of our Rules provides that parties, their counsel or other representatives, the arbitral tribunal and the Centre shall be mindful of the environmental impact of the arbitration, and in particular shall, at the commencement of proceedings, consider the application of the Green Protocols as developed by the Campaign. We are not aware of other arbitration rules with such a provision, so adopting our Rules will assist parties looking to reduce the environmental impact of their work. Of course, we also hope that our stance will encourage other arbitral institutions to amend their rules to include such provisions.
Was there enthusiasm or any resistance to including a provision on environmental impact in the Rules? Did any comments alter the drafting of the Article?
There was broad support for the provision, given the Centre’s support for the Green Protocols and the Campaign. There was a discussion about whether there should be specific reference to the protocols and campaign or more generic language, but it was agreed that it was best to link to the protocols and campaign with wording that allowed for the prospect of future amendments to both. As we are not aware of such a provision in other arbitration rules, despite the responsibility on all of us to minimise our environmental impact, we wanted to set a trend that will hopefully see other arbitral institutions following our lead.
The LCIA, SCC and ICC have introduced online filing and case management systems, or said that filings can be made electronically. What practical steps are the Scottish Arbitration Centre taking to encourage parties and tribunals to reduce their environmental impacts? For example, does the Scottish Arbitration Centre have a model procedural order or guidance for the conduct of arbitrations, and, if so, does this have any technology-focused language?
The Centre has developed a new electronic case management system with Opus 2, where documents are uploaded and downloaded to this secure platform. The creation of this easy-to-use system seeks to avoid the use of paper, in order to minimise any environmental impact. The system also assists with information security. Arbitral tribunals constituted under our Rules must consider adopting relevant measures to protect the physical and electronic information shared in the arbitration (see Article 22 of the Rules), so the new case management system assists with that in addition to the environmental impact.
What practical steps are the Scottish Arbitration Centre taking to reduce its own environmental impact, and how is technology playing a role in that? From an institution’s perspective, what are the major drivers and barriers to improvement?
We have a provision in our Rules on environmental impact and have developed a new electronic case management system, as mentioned above. Both measures should reduce our environmental impact. We also ensure that conferences we host follow the Green Protocol for Arbitration Conferences. For ICCA Edinburgh, which we hosted in September, we published a document setting out our approach to meeting that protocol. We have a flexibility working model for staff, so there is not a requirement to travel to the office. Where possible, we conduct meetings virtually, and technology has clearly played a key role there.
How do you balance the need to travel to promote the Scottish Arbitration Centre, and to promote Scotland as a centre for international arbitration, with reducing your environmental impact?
We speak at and attend online conferences and seminars, including some events we have hosted. However, we also understand the value of face-to-face interaction and its importance from a promotional and marketing perspective, so travel remains part of the picture. We focus on attending the major arbitration and law conferences and events, so we can have the greatest impact on the back of one journey. We are most often involved in conferences in London, where we can take the train to, and events in Europe. We have Directors and Ambassadors in various parts of the world, so we are able to field representatives in various cities, such as Dubai, Hong Kong and New York, reducing the need for travel from Scotland.
From your own personal practice, what are your tips for practitioners when working electronically? Are there any particular tools or software that you use or describe as ‘must-haves’?
Working electronically avoids the use of paper, so I mark-up documents using the standard tools. Video conferencing also allows me to communicate with contacts all over the world from my desk in Scotland, which is hugely important. We also hope that our developed of a new electronic case management system with Opus 2 will become a must-have for all arbitrations in the future.
