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Contracts for Climate Change Climate-Conscious Dispute Resolution

Each of the precedents has a child’s name chosen by the drafting team. This is to encourage long-term thinking and to focus on the next generation as they will be most affected by the serious consequences if we fail to effectively respond to the climate crisis.

GREEN LITIGATION AND ARBITRATION PROTOCOLS — EMILIA’S CLAUSE

LOW CARBON ARBITRATION HEARINGS — MIA’S CLAUSE

#greenlawfirm #sustainability

#greenlawfirm #sustainability

Issue Excessive air travel and paper production during arbitration proceedings are environmentally unfriendly and increase carbon footprint. Solution Mia’s Clause would encourage parties to carry out arbitrations using virtual hearings and electronic documentation. Impact The clause would boost the efficiency of arbitration proceedings, reduce the costs of air travel and printing, as well as the harmful impacts of GHG emissions and deforestation.

Issue

The processes and paperwork for courts/tribunals to conduct disputes is carbon intensive and environmentally unfriendly. Solution Emilia’s Clause would offer two sets of protocols for litigation and arbitration, which parties can opt into at the start of a dispute to make it greener. Impact Adherence to the protocols would reduce paper consumption and eliminate other environmentally- unfriendly practices.

CARBON EFFICIENT DISPUTE RESOLUTION — TOBY’S CLAUSE

#greenlawfirm #sustainability

Issue Litigation and arbitration use excessive and wasteful amounts of paper, the production of which has a significant carbon and water footprint. Solution Toby’s Clause would ensure that parties carry out proceedings in a ‘green’ manner, including provisions on electronic documentation, waste disposal and carbon offsetting through tree planting. Impact The clause would provide savings on paper production, help reduce carbon footprint and water consumption and improve firms’ efficiency and sustainability reports.