Green Litigation and Arbitration Protocols
Two similar protocols (litigation and arbitration) with modules which parties can opt into at the start of a dispute to make it lower carbon and greener.
What this clause does
Provides practical ways for parties to litigation or arbitration to conduct disputes in more sustainable, climate-aligned ways.
Clauses
Notices
1. The Parties agree that any notice required or permitted under, arising out of, or relating to this Agreement, unless otherwise required by law, shall be given or served by means of electronic communication only and to the parties as follows:
[Party A]
[Email address for Party A]
[Party B]
[Email address for Party B]
The Parties shall not print copies of such electronic communications unnecessarily.
Green Arbitration protocol
2. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including but not limited to the determination of the scope or applicability of this agreement to arbitrate, shall be determined by a virtual arbitration before [one OR three] arbitrator(s). The arbitration shall be administered by [Arbitration provider] pursuant to its [Arbitration provider's rules]. All hearings or meetings with the arbitrator(s) shall be conducted remotely, either telephonically or by videoconference, unless otherwise required by the arbitrator(s). Similarly, depositions (if any) shall be conducted remotely and any documents produced in the arbitration shall be produced electronically, unless otherwise deemed necessary [in the reasonable discretion of the parties or their attorneys OR [insert exception standard], to accommodate a witness, or as ordered. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Green litigation protocol
3. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof shall be brought exclusively in a state or federal court of competent jurisdiction located within [Location] and the parties expressly consent to the jurisdiction of said court. Unless otherwise required, ordered, or deemed necessary [in the reasonable discretion of the parties or their attorneys or to accommodate a witness OR insert exception standard], the parties agree in any litigation to:
a. electronically file and serve any pleadings, motions (including oppositions), notices, discovery requests and responses, and other documents;
b. conduct depositions by remote means (for example, by videoconferencing);
c. produce any documents and discovery electronically [in an agreed format OR in the requested format OR in the form that allows the party receiving documents the same ability to access, search, review and display the documents (including metadata if requested or required) as the party providing them]; and
d. cooperate and request that hearings and court proceedings not involving the presence of a jury shall be conducted remotely [or on a hybrid or partially remote basis].
Discard of materials
4. Once no longer needed and subject to any retention requirements, hard copy materials from any [litigation or arbitration] should be recycled in an environmentally-friendly, secure, and confidential manner.
Alternative dispute resolution or settlement
5. The parties agree that [alternative dispute resolution OR settlement discussions] shall occur remotely by video or conference call, where possible.
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