International Arbitration: Towards Sustainable Development and Environmental Protection

Abstract

The paper considers the problem of transition to more environmentally friendly arbitration, which involves reducing the carbon footprint left by arbitration proceedings through the adoption of three main measures: 1) the use of renewable energy; 2) reducing or eliminating long-distance travel and air travel for the purposes of arbitration proceedings; 3) reducing waste and eliminating the use of paper documents. An important role in achieving this goal is taken by green protocols containing specific practical measures to ensure sustainability and environmental protection, addressed to certain participants in the arbitration community (arbitrators, law firms, service providers and arbitration centers), as well as initiatives of the arbitration centers themselves. However, given the advisory nature of the green protocols adopted as part of the Campaign for Greener Arbitration, as well as the possibility of derogation from the provisions of the arbitration rules providing for the transition to electronic document flow and online hearings, parties concerned about protecting the environment are recommended to include (or arbitration agreement) special green clauses.