Is There an (Emerging) Ethical Rule in International Arbitration to Strive for More Climate Friendly Proceedings?
Contemporary Asia Arbitration Journal, Vol. 14, No. 2, pp. 155-184, November 2021
30 Pages Posted: 6 Dec 2021
Date Written: November 29, 2021
This paper deals with the possible emerging ethical obligation in international arbitration to strive for more climate friendly proceedings. As recent climate change induced catastrophes across the globe hit the news, it became blatantly obvious that climate change is a serious issue that needs to be addressed now. An effective solution will have to span across industries and encompass all, including arbitration. With this in mind, these authors will seek to identify whether there is an emerging ethical obligation in international arbitration to have more climate friendly proceedings. To determine this, these authors will look at the current dialogue in the field of international arbitration surrounding climate change including whether there is a need, or desire, for arbitration to go green as this could demonstrate the growing possibility of an emerging moral (or to a certain extent even legally binding) obligation and how this transition to more climate friendly proceedings could occur. To determine whether an ethical obligation is emerging, these authors will outline the framework of ethical obligations in international arbitration. Finally, these authors will conclude that the alarming situation calls for change in all fields, including international arbitration, but that these solutions must be practical. While there will not be one perfect approach, the climate crisis calls for creative, user-friendly solutions that would not only help induce climate-friendly practices but would allow arbitration to retain its special role in dispute resolution and could save users time and money.
Keywords: arbitral institutions, carbon offsetting, climate change, climate-friendly proceedings, ethical standards, ethics, greener arbitration, green protocol, green representative, regulation, soft law, sustainability
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