The Australian Centre for International Commercial Arbitration (ACICA) is excited to launch the ACICA Sustainability Protocol: Towards More Sustainable Arbitral Proceedings (Protocol).
The Protocol seeks to encourage parties and tribunals in arbitral proceedings to commit to resolving disputes in a more environmentally sustainable manner. While the recommendations set out in Protocol were developed by an ACICA Taskforce with the ACICA Rules in mind, they could equally be adopted in ad hoc arbitrations or arbitrations subject to other institutional rules.
It builds on the work of the Campaign for Greener Arbitrations, ACICA’s support of the Campaign for Greener Arbitration’s Green Pledge, and ACICA’s commitment to reducing the carbon emissions associated with its operations, while seeking to align the practice of ACICA arbitration with global efforts to achieve net zero greenhouse gas emissions (GHG emissions), which many users of arbitration have made commitments towards.
The Protocol seeks to raise awareness about the GHG emissions associated with international arbitration through innovative measures such as optional carbon budgets and/or carbon emissions scorecards. It is intended that these tools will demonstrate how parties and tribunals can reduce the GHG emissions associated with an arbitration by, for example, using electronic documents and communications, endeavouring to avoid unnecessary travel, conducting virtual hearings wherever appropriate and increasing the use of energy efficient service providers.
Designed with flexibility in mind, the Protocol allows participants to select specific recommendations, without obligation to adopt all of them. The measures recommended in the Protocol are also subject to the overriding principles of procedural fairness, equality of treatment, and the right to be heard.
