Decrease Dispute Carbon Footprint

Clauses

Green arbitration protocol

[Drafting note: Consider the Campaign for Greener Arbitrations' Model Procedural Order and Green Protocol for Arbitral Proceedings. Where these protocols set a higher degree of climate ambition for the parties to arbitration to follow than those set by the Campaign for Greener Arbitrations, we encourage you to opt for drafting aligned with the higher climate ambition of these protocols. The protocols will need to be tailored appropriately to parties with access to fewer resources or less sophisticated technology in accordance with just transition principles.]

1. The parties [have signed up to the Race to Zero and] acknowledge their common intention to: 

(a) achieve their respective [organisational decarbonisation targets OR net zero targets OR Science-Based Targets*]; and

(b) align with the ultimate objectives of the Paris Agreement, in particular pursuing efforts to limit global temperature increase to 1.5 degrees Celsius above pre-industrial levels and achieving net zero or net negative emissions by 2050 or sooner,

in a manner that: 

(c) promotes a just transition to a low-carbon economy, and

(d) results in a progressive** reduction of greenhouse gas emissions year on year, consistently with the goal limit global temperature increase to 1.5 degrees Celsius above pre-industrial levels and achieving net zero or net negative emissions by 2050 or sooner.

* [Drafting note: Tailor as appropriate to parties and consider just transition. For definitions of Net Zero Targets and Science-Based Targets, see TCLP’s Glossary.]

** [The ‘Carbon Law’; and J. Rockström et al., A roadmap for rapid decarbonisation, Science 355.6331, 1269-1271 (2017).]

2. The parties agree to use their reasonable endeavors to conduct the arbitration in the most environmentally conscious manner possible, with a principal aim of reducing to the fullest extent possible the scope 1, 2 and 3 greenhouse gas emissions (as defined by the Greenhouse Gas Protocol) that arise as a consequence of the arbitration.

3. [The parties agree to: 

(a) [use reasonable endeavors to] measure all greenhouse gas emissions arising from the arbitration proceedings,

(b) [report such emissions to the other party [within [a reasonable time] after the conclusion OR settlement of the proceedings,] and

(c) to each formulate plans to reduce greenhouse gas emissions arising from similar future proceedings.]

4. The parties shall agree on appropriate measurement standards for measuring greenhouse gas emissions. In the absence of agreement, such standards shall be determined by the Tribunal.

Module 1 Written correspondence

Written correspondence between the parties and to and from the Tribunal

1. Save where institutional rules or express contract provisions require otherwise, the parties, Tribunal, the relevant arbitral institution and Tribunal Secretary shall correspond by electronic communication only, and not print copies of electronic communications unnecessarily.

2. The parties agree not to request hard copy documents from each other unnecessarily.

3. The relevant participants should share or agree on the following:

3.1 the relevant email addresses for all email communications to be sent to, if not using a shared platform for all communications;

3.2 the maximum size of file accepted (for example, 15MB);

3.3 the platform agreed by the parties for the sharing of larger documents, if documents exceed maximum size;

3.4 the requirement that any document served by email must be in searchable PDF format, where possible;

3.5 the structure for any submission (for example, a separate PDF per document or all documents combined); 

3.6 whether any specific security should be applied to documents, for example, through the use of passwords;

3.7 any required labelling convention of documents; and

3.8 confirmation that any correspondence sent by email is deemed received unless proven to the contrary, provided a read receipt is received.

4. Any written correspondence which cannot be delivered electronically will be printed double-sided, using environmentally friendly toner and ink on recycled paper and shall be delivered in a manner as environmentally friendly as reasonably possible.

Written correspondence with third parties

5. The parties agree, as far as is reasonably possible, to correspond by electronic communication only with any third parties.

6. Where it is not possible to correspond by electronic communication with a third party or where otherwise necessary, the parties agree to print all correspondence double-sided, using environmentally friendly toner and ink, and recycled paper.

Written correspondence within legal teams

7. Legal teams will correspond internally by electronic communication only and not print copies of electronic communications unnecessarily. All internal printing will be printed double-sided, using environmentally friendly toner and ink, and recycled paper.

8. Any written correspondence which cannot be delivered electronically will be printed double-sided, using environmentally friendly toner and ink, recycled paper and will be delivered in a manner as environmentally friendly as is reasonable.

Module 2 Bundles

Internal preparation and analysis bundles

1. The parties will avoid printing documents where possible.

2. When compiling document bundles for internal preparation and analysis, the parties will use electronic bundles where possible. 

3. Where hard copies are required or unavoidable, parties will print double-sided, using environmentally friendly toner and ink, and recycled paper. The parties will consider whether it is practicable to print in A5 format. If such bundles need updating, parties will amend existing bundles instead of recreating them.

4. Where possible, parties shall use recycled paper. 

Hearing bundles

5. The parties will use best endeavor to use electronic bundles for any hearings.

6. The parties will propose to the Tribunal, when negotiating an initial Procedural Order and/or the Terms of Reference or the Terms of Appointment, that:

6.1 electronic copies be used for interim and/or final hearings; and/or

6.2 where hard copy bundles are deemed strictly necessary, that these:

6.2.1 be printed double-sided, using environmentally friendly toner and ink, and recycled paper; and

6.2.2 not be sent over long international distances by courier (if this can be avoided).

7. Hard copy printing should be avoided or if this is not possible, kept to a minimum.

8. Once no longer needed, hard copy bundles will be recycled in a secure and confidential manner.

9. Where it is necessary to deliver hard copy bundles, where possible and as agreed by the parties, they should be sent by non-motorised transport (for example, cycle courier) or, where appropriate, in electronic format to a local print agency who can deliver to the intended recipient.

Module 3 Written pleadings

Written pleadings

1. The parties will file their respective written pleadings by electronic communication or through an agreed and secure platform only, with the size of the electronic file to be minimized insofar as is possible.

2. The parties will not print written pleadings. Where it is necessary to do so, they agree to print only a minimal number (including, where feasible, relevant excerpts only) and, where doing so, to print double-sided, using environmentally friendly toner and ink, and recycled paper. They will also consider whether it is practicable to print in A5 format.

Fact exhibits and legal authorities accompanying the written pleadings

3. The parties will submit their fact exhibits and legal authorities by electronic communication or through an agreed and secure platform only.

4. The parties will not usually print fact exhibits and legal authorities. Where it is necessary to do so, the parties undertake to print only a minimal number (including, where feasible, relevant excerpts only) and, where doing so, to print double-sided, using environmentally friendly toner and ink, and recycled paper. The parties will also consider whether it is practicable to print in A5 format.

5. The parties will cooperate to ensure that each exhibit has a unique identifier that is used for all subsequent references to that document and without a further copy of the exhibit being attached.

Module 4 Expert reports and factual witness statements

Preparation of documents for witnesses and experts

1. Documents should be provided to witnesses and experts in electronic form only, if possible.

2. Where documents are provided in an electronic bundle, they should be made available in a format which can be electronically highlighted and annotated.

Meetings with witnesses and experts

3. The parties agree to consider conducting witness proofing remotely, unless impractical or inappropriate.

4. Meetings with experts, and between experts, should be held remotely where practicable. Where not practicable, meetings should be arranged in an environmentally conscious manner.

5. Expert joint meetings should be held remotely, unless impractical or inappropriate.

6. The parties agree to provide an easily accessible electronic bundle of documents for any experts or witnesses. Where the bundle for a particular meeting is made available in a single document, the party preparing the bundle will bookmark or tab the bundle to allow the user to navigate it easily and minimize the temptation to print documents.

Travel and accommodation

7. The parties agree to consider conducting the proceedings and any related activities remotely. In exceptional cases where travelling is necessary, parties should travel in a manner that is as environmentally friendly as possible (for example, using hybrid or electric vehicles where possible, or using trains instead of flights for short-haul distances, where available). The parties agree to make every possible effort to offset any unavoidable greenhouse gas emissions associated with long-distance [air] travel through carbon credits purchased from a project: 

7.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

7.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

7.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

7.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia[. OR; and

7.5 that takes account of a just transition and addresses wider social and ecological goals.]

8. Where experts or witnesses do travel to meet with solicitors or counsel (or vice versa) the parties shall do their best to find accommodation near their meeting place to eliminate the need to travel by motorised transport.

Module 5 Document production and disclosure

Document production and disclosure

1. The parties agree that documents should be produced and disclosed electronically as far as possible.

2. The parties agree that electronic copies shall be provided in the form which allows the party receiving the documents the same ability to access, search, review and display the documents (including metadata) as the party providing them.

3. As regards hard copy documents, parties agree that these should be scanned and where possible, made word searchable, to facilitate production in electronic form.

Reviewing document production and disclosure

4. The parties agree to consider, as far as possible, ways to access data sources remotely rather than travelling and/or sending these to legal teams for review, including:

4.1 Data to be sent via file sharing sites; and/or

4.2 Remote, rather than localised, connections to servers.

Module 6 Hearings

Procedural and evidentiary hearings

1. The parties agree to ask the arbitral tribunal that hearings not requiring witness or expert evidence should be conducted using video conferencing technology, telephone communication or other forms of communication unless this is inappropriate in the circumstances.

2. The parties will also consider asking the arbitral tribunal to conduct hearings using video conferencing technology, telephone communication or other forms of communication even where witness or expert evidence is required.

Location of hearings

3. The parties agree, where appropriate, to ask the arbitral tribunal to hold procedural hearings and hearings of one day or less by video conference.

4. The parties agree, where appropriate, to ask the arbitral tribunal to hold a hybrid hearing whereby legal counsel for the parties and the Tribunal (including the Tribunal Secretary, where appropriate) are all in the same physical location and where some or all experts and witnesses are permitted to provide oral testimony by video conference.

Hearing bundles

5. The parties agree, where reasonable, to use electronic hearing bundles only. Where possible, the bundles should be prepared in a format that can be electronically highlighted and annotated.

6. The parties agree, where reasonable, to provide electronic copies of opening and closing oral presentations only.

7. The parties agree to dispose of hard copies of any hearing bundle (including bundles for witnesses and/or experts) after the hearing in an environmentally friendly, confidential and secure manner.

Travel to hearings

8. The parties undertake to minimize unnecessary travel both within their own team and counsel team and, where it is necessary to travel, to do so using the minimum number of trips.

9. The parties and counsel will travel to hearings in a manner as environmentally friendly as possible (for example, using hybrid or electric cars where possible).

10. The parties agree to make every possible effort to offset any unavoidable greenhouse gas emissions associated with long-distance [air] travel to and from the hearing through carbon credits purchased from a project: 

10.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

10.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

10.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

10.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia[. OR; and

10.5 that takes account of a just transition and addresses wider social and ecological goals.

Module 7 Settlement

1. The parties agree that settlement discussions will take place by video or conference call, where possible.

2. The parties agree that, where possible, the signing of the settlement agreement and consequent award shall be done in counterparts to avoid travelling to meet in person, in particular, where such travel would require international travel.

3. The parties agree to consider, where possible, as part of the settlement, how they will take steps to offset the climate impact of the dispute, through carbon credits purchased from a project: 

3.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

3.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

3.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

3.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia[; and

3.5 that takes account of a just transition and addresses wider social and ecological goals.]

4. The parties agree to consider, where possible, charitable initiatives, as part of the settlement, in relation to the subject matter of the dispute or as part of any payment under the settlement.

Module 8 End of dispute

1. The parties agree to assess at the end of the dispute whether any hard copy documents need to be retained to avoid the need to reprint in the future.

2. The parties agree to consider at the end of the dispute, how they will take steps to offset the climate impact of the dispute, through carbon credits purchased from a project: 

2.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

2.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

2.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

2.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia; and

2.5 that takes account of a just transition and addresses wider social and ecological goals.]

3. [The parties agree that any publicity related to or reporting of the dispute will mention that this Green Arbitration Protocol was followed in relation to its handling.]

Module 9 Breach

In the event of serious failure to comply with the provisions of this Protocol, the parties agree that the breaching party shall make a payment to [insert name of one ecological beneficiary], fixed in the amount of Euro [•] for each breach.

Green Litigation Protocol

1. The parties [have signed up to the Race to Zero and] acknowledge their common intention to:

(a) achieve their respective [organisational decarbonisation targets OR net zero targets OR Science-Based Target*]; and

(b) align with the ultimate objectives of the Paris Agreement, in particular pursuing efforts to limit global temperature increase to 1.5 degrees Celsius above pre-industrial levels and achieving net zero or net negative emissions by 2050 or sooner,

in a manner that: 

(c) promotes a just transition to a low-carbon economy, and

(d) results in progressive** reduction of greenhouse gas emissions year on year, consistently with the goal limit global temperature increase to 1.5 degrees Celsius above pre-industrial levels and achieving net zero or net negative emissions by 2050 or sooner.

* [Drafting note: Tailor as appropriate to parties and consider just transition. For definitions of Net Zero Targets and Science-Based Targets, see TCLP’s Glossary.]

** [The ‘Carbon Law’; and J. Rockström et al., A roadmap for rapid decarbonisation, Science 355.6331, 1269-1271 (2017).]

2. The parties agree to use their reasonable endeavors to conduct the litigation in the most environmentally conscious manner possible, with a principal aim of reducing to the fullest extent possible the scope 1, 2 and 3 greenhouse gas emissions (as defined by the Greenhouse Gas Protocol) that arise as a consequence of the litigation.

3. The parties agree to: 

(a) [use reasonable endeavors to] measure all greenhouse gas emissions arising from the litigation[, 

(b) report such emissions to the other party [within [a reasonable time] after the conclusion or settlement of the proceedings,] and

(c) to each formulate plans to reduce greenhouse gas emissions arising from similar future litigation.]

4. The parties shall agree on appropriate measurement standards for measuring greenhouse gas emissions. In the absence of agreement, such standards shall be determined by [insert independent third party chosen by the parties or the Court]. 

Module 1 Written correspondence

Written correspondence between the parties

1. Save where institutional rules or express contract provisions require otherwise, the parties agree to correspond by electronic communication only, and not to print copies of electronic communications unnecessarily.

2. The parties agree not to request hard copy documents from each other unnecessarily.

3. At the start of the dispute, the parties will share or agree on the following:

3.1 the relevant email addresses for all email communications to be sent to if not using a shared platform for all communications;

3.2 the maximum size of file accepted (for example, 15MB);

3.3 the platform agreed by the parties for sharing larger documents, if documents exceed maximum size;

3.4 the requirement that any document served by email must be in searchable PDF format where possible;

3.5 the structure for any submission (for example, a separate PDF per document or all documents combined); 

3.6 whether any specific security should be applied to documents, for example, through use of passwords; 

3.7 any required labelling convention of documents; and 

3.8 confirmation that any correspondence sent by email is deemed received unless proven to the contrary, provided a read receipt is received. 

Written correspondence with third parties

4. The parties agree, as far as is reasonably possible, to correspond by electronic communication only with any third parties.

5. Where it is not possible to correspond by electronic communication with a third party, or where otherwise necessary, the parties agree to use best endeavors to print all correspondence double-sided, using environmentally friendly toner and ink and recycled paper.

Written correspondence within legal teams

6. Legal teams should correspond internally by electronic communication only and should not print copies of electronic communications unnecessarily. All internal printing will be printed double-sided, using environmentally friendly toner and ink, and recycled paper.

7. Where it is not possible to correspond by electronic communication, the parties agree to use best endeavors to print all correspondence double-sided, using environmentally friendly toner and ink and recycled paper. Such correspondence will be delivered in a manner that is as environmentally-friendly as is reasonable.

Module 2 Bundles

Internal preparation and analysis bundles

1. The parties will avoid printing documents where possible.

2. When compiling document bundles for internal preparation and analysis purposes, the parties will use electronic bundles where possible.

3. Where hard copies are required or unavoidable, parties should print double sided, using environmentally friendly toner and ink and recycled paper. The parties will also consider whether it is practicable to print in A5 format. If these bundles need updating, parties will amend existing bundles instead of recreating them.

4. Where possible, parties shall use recycled paper for internal bundles. 

Hearing bundles

5. The parties will use best endeavors to use soft copy hearing bundles for any hearings, where practicable, and limit the number of hard copies to that required by a relevant court or tribunal order, procedural rule, practice direction or court guide.

6. Where hard copies are required or are unavoidable, parties should print in accordance with a relevant court or tribunal order, procedural rule, practice direction or court guide, where practicable printing double sided and/or in A5 format, using environmentally friendly toner and ink, and recycled paper.

7. Once no longer needed, hard copy bundles should be recycled in a secure and confidential manner.

8. Where delivery of hard copy bundles is required or is unavoidable, where possible and as agreed by the parties, these should be sent by non-motorised transport (for example, cycle courier) or where appropriate, in electronic format to a local print agency who can deliver to the intended recipient.

Module 3 Witness statements and expert reports

Preparation of documents for witnesses and experts

1. The parties agree that documents should be provided to witnesses and experts in electronic form only, if possible.

2. Where documents are provided in an electronic bundle, they should, where possible, be made available in a format that can be electronically highlighted and annotated.

Meetings with witnesses and experts

3. Meetings with experts, and between experts, should be held remotely where practicable. Where not practicable, meetings should be arranged in an environmentally conscious manner.

4. Expert joint meetings should be held remotely, unless impractical or inappropriate.

5. The parties agree to provide an easily accessible electronic bundle of documents for any experts or witnesses. Where the bundle for a particular meeting is made available in a single document, the party preparing the bundle should endeavor to bookmark or tab the bundle to allow the user to navigate it easily and minimize the temptation to print documents.

Travel and accommodation

6. The parties agree to consider conducting the proceedings and any related activities remotely. In exceptional cases where travelling is necessary, the parties should travel in a manner as environmentally-friendly as possible (for example, using hybrid or electric vehicles where possible, or using trains instead of flights for short-haul distances). They agree to make every possible effort to offset any unavoidable greenhouse gas emissions associated with long distance [air] travel through carbon credits purchased from a project: 

6.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

6.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

6.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

6.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia[.OR; and

6.5 that takes account of a just transition and addresses wider social and ecological goals.]

7. Where experts or witnesses do travel to meet with legal representatives (or vice versa) the parties shall do their best to find accommodation near their meeting place to eliminate the need to travel by motorised transport.

Module 4 Document production

Document production and disclosure

1. The parties agree that documents should be produced and disclosed or provided electronically as far as possible, unless a relevant court or tribunal order, procedural rule, practice direction or court guide requires hard copy documents to be disclosed.

2. The parties agree that, as far as possible, electronic copies shall be provided in the form which allows the party receiving the documents the same ability to access, search, review and display the documents (including metadata) as the party providing them.

3. As regards hard copy documents, the parties agree that they should be scanned and, where possible, made word searchable, to facilitate production in electronic form.

Reviewing document production and disclosure

4. The parties agree to consider as far as possible ways to access data sources remotely rather than travelling and/or sending these to legal teams for review, including:

4.1 data to be sent via file-sharing sites; and/or

4.2 remote, rather than localised, connections to servers.

Module 5 Hearings

Location of hearings

1. The parties agree, where appropriate, to seek permission for procedural hearings to be held by filing written hearing notes or by video conference.

2. The parties agree to the default position that hearings not requiring witness or expert evidence should be conducted by filing written hearing notes or using video conferencing technology, unless this is inappropriate in the circumstances.

Hearing bundles

3. The parties agree to use electronic hearing bundles only. Where possible, the bundles should be prepared in a format which can be electronically highlighted and annotated.

4. The parties agree to provide electronic copies of opening and closing submissions only.

5. The parties agree to dispose of hard copies of any hearing bundles (including bundles for witnesses and experts) in an environmentally friendly, confidential and secure manner.

Travel to hearings

6. The parties undertake to minimize unnecessary travel both within their own team and counsel team and, where it is necessary to travel, to do so using the minimum number of trips.

7. The parties and counsel will travel to hearings in a manner that is as environmentally friendly as possible (for example, using electric or hybrid vehicles where possible, or using trains instead of flights for short-haul distances).

8. The parties agree to make every possible effort to offset any unavoidable greenhouse gas emissions associated with long-distance [air] travel to and from the hearing, through carbon credits purchased from a project: 

8.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

8.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

8.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

8.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia; and

8.5 that takes account of a just transition and addresses wider social and ecological goals.]

Module 6 Mediation or Settlement

1. The parties agree that settlement discussions will take place by video or conference call, where possible.

2. The parties agree that, where possible, the signing of the settlement agreement shall be in counterparts to avoid travelling to meet in person, in particular where such travel would require international travel.

3. The parties agree to consider, where possible and as part of the settlement, how they will take steps to offset the climate impact of the dispute, through carbon credits purchased from a project: 

3.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor OR equivalent] UNFCCC mechanism]; 

3.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

3.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

3.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia[.OR; and

3.5 that takes account of a just transition and addresses wider social and ecological goals.]

4. The parties agree to consider, where possible, charitable initiatives, as part of the settlement in relation to the subject matter of the litigation or as part of any payment under the settlement.

Module 7 End of the dispute

1. The parties agree to assess at the end of the dispute whether any hard copy documents might need to be retained to avoid the need to print them again in the future.

2. The parties agree, as far as possible, to dispose of all confidential documents related to the matter which are no longer needed in an environmentally friendly and secure manner.

3. The parties agree to consider at the end of the dispute how they will take steps to offset the climate impact of the dispute, through carbon credits purchased from a project: 

3.1 that has been verified in accordance with [insert name of voluntary standard] or from a United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor or equivalent] UNFCCC mechanism]; 

3.2 where the emissions of greenhouse gasses avoided, reduced or removed by the project are additional; 

3.3 that prioritises removing greenhouse gasses from the atmosphere rather than avoiding or reducing third party emissions of greenhouse gasses; 

3.4 that for greenhouse gas removals, uses storage methods with a low risk of reversal over millennia[.OR; and

3.5 that takes account of a just transition and addresses wider social and ecological goals.]

4. [The parties agree that any publicity related to or reporting of the dispute shall mention this Green Litigation Protocol was followed in relation to its handling.]

[Module 8 Breach]

In the event of serious failure to comply with the provisions of this Protocol, the parties agree that the breaching party shall make a payment to [insert name of one ecological beneficiary], fixed in the amount of Euro [•] for each breach.