Technology plays a crucial role in supporting sustainable arbitration by enhancing efficiency, transparency, and accessibility in the dispute resolution process. Within arbitration, and the disputes industry more generally, there is increasing interest in and awareness of the importance of adopting more sustainable practices. Law firms, arbitrators, and their clients are reassessing how they work and looking for ways to reduce their environmental footprint while maintaining the integrity and effectiveness of arbitration proceedings.
Arbitration technology has emerged as a key enabler of this shift, allowing arbitration participants to move toward digital workflows, leverage virtual and hybrid hearings, and collaborate on cases using secure, cloud-based case management platforms.
In this article, we’ll explore specific ways that technology supports greener arbitration while delivering additional benefits such as improved collaboration, security, and accessibility. We’ll compare the carbon footprint of an in-person hearing to a virtual hearing. We’ll also discuss key considerations when evaluating arbitration software and technology solutions to ensure they align with both sustainability objectives and operational needs. Finally, we’ll provide a list of helpful resources for those looking to stay informed on sustainability initiatives within arbitration.
The impact of traditional arbitration
Traditionally, arbitration has been a resource-intensive process, often requiring significant time, travel, and paperwork. Hearings and procedural meetings were conducted exclusively in person, requiring parties, counsel, and arbitrators to travel—sometimes across the globe—to participate. This logistical complexity impacts both costs and the carbon footprint of arbitration. Additionally, traditional arbitration relied heavily on physical documentation, with printed evidence, document bundles and copies often being shipped long distances between institutions, legal teams, and arbitrators.
In recent years, clients have shown increasing interest in greener arbitration practices. And industry initiatives like the Campaign for Greener Arbitrations and the Greener Litigation Pledge are driving efforts to increase awareness of the environmental impact of dispute resolution. These organisations offer strategies and best practices that encourage practitioners to rethink long-standing habits and embrace more eco-conscious practices.
Technology is playing a pivotal role in this transformation. It is not just about convenience—it is about transforming arbitration to be more effective, sustainable, and accessible. Digital case management platforms, virtual hearings, and AI-enabled tools are helping to streamline processes, decrease waste, and reduce the need for travel.
While change in the legal industry tends to be gradual, the momentum toward adoption of sustainable arbitration practices continues to grow. Law firms and arbitration institutions that prioritise sustainability now are certain to benefit long into the future.
Sustainability benefits when using new technology in arbitration
Reducing the use of paper
Reducing paper usage in arbitration is not solely an environmental consideration, but the shift towards paperless processes undeniably aligns with broader arbitration sustainability goals. Beyond the well-discussed cost-savings and environmental benefits of digital transformation in place of paper, the advent of cloud-based solutions introduces another benefit to arbitration. Modern technologies and case management systems are central to this transition, enabling greater collaboration while curbing the proliferation of duplicate documents.
The transition to paperless practices extends beyond a mere substitution of printed bundles with PDFs; it entails a comprehensive digitisation of the entire arbitration process. This digitisation not only minimises paper waste but also streamlines interactive tasks and enhances the efficient management and sharing of data.
Notably, eDiscovery stands as a testament to the transformative power of technology in arbitration. In fact, many other stages, such as case preparation, hearings, and post-hearing steps like deliberations and award drafting, are also reaping significant benefits from modern technology and following a similar path.
Embracing modern, greener arbitration technology not only reduces paper usage but also unlocks additional advantages:
AI integration
Digital documents and processes facilitate the integration of artificial intelligence, enhancing analytical capabilities and improving case strategies
Management of digital media
New technologies are designed to handle case-related digital media, including emails, text messages, and other emerging forms of information for electronic presentation of evidence, further streamlining the arbitration process.
Enhanced data security
A digital approach provides greater control over data security, ensuring that access to critical information is monitored and auditable, addressing concerns related to confidentiality and integrity.
In essence, the move towards a digital approach in arbitration not only aligns with environmental sustainability but also unlocks a host of benefits, ranging from AI integration to improved data security and efficient management of digital media.
Leveraging hybrid and virtual hearings to connect parties
One of the significant advancements that technology brings to sustainable arbitration lies in its capacity to virtually connect participants to hearings, reducing the need for extensive long-haul flights to resolve disputes.
Hybrid and virtual hearings, a product of technological innovation enabled by electronic hearings, including e-bundles, electronic presentation of evidence, and real-time transcription, allow primary participants to attend in person, while other can contribute remotely.
The technology for virtual hearings extends beyond mere convenience, offering additional Environmental, Social, and Governance (ESG) benefits:
Enhanced access to arbitration
While in-person arbitration proves effective for centrally located parties, it presents challenges for international arbitration historically concentrated in major cities like London, New York, Geneva, and Paris. This concentration becomes a barrier for smaller organisations and emerging players, especially in cases involving developing countries. Technology-enabled virtual hearings break down geographical barriers, enabling broader access to arbitration for those who lack the means or logistical expertise for in-person proceedings.
Educational opportunities for junior lawyers
Technology-enabled hybrid hearings open doors for early-career participants to observe, assist, and learn from proceedings without the financial burden of attending in person. This inclusive approach not only fosters diversity within the sector but also creates positive impacts and better outcomes by providing valuable educational experiences for junior lawyers. The integration of technology thus extends beyond convenience, contributing to the educational and professional growth of emerging legal talent.
The success of virtual and hybrid hearings in achieving positive arbitration outcomes depends on the circumstances of each case, particularly the location of the primary participants involved. Nevertheless, there is no doubt that when used correctly, this technology-enabled tool can significantly mitigate the impact of arbitrations.
Sustainability considerations when adopting arbitration technology
If you’re thinking of adopting technology for greener arbitration, it’s important to ask questions about a vendor’s sustainability practices as part of your selection process.
How do they handle documents?
Different technologies will take distinct approaches to document management. If you have your documents sitting on a server being accessed via Windows Explorer it is likely that the team will share those documents via e-mail or save local versions to make annotations, for example, generating an enormous amount of duplicates saved in different servers and, therefore, contributing to energy waste.
If, on the other hand, you use a case management system that works both as a document repository and a centralised place to create annotations and collaborative tasks, like Opus 2 Hearings, there is no need to send documents via e-mail or save them locally. In fact, there will be little or no need for any e-mail exchange at all.
From the perspective of multiple parties interacting in proceedings, this also applies to the conduct of the case and hearings. Having a centralised repository from which parties can work and prepare for the hearing stage without saving local copies for tagging documents, making annotations, and creating custom bundles generates efficiency while reducing the impact of the use of technology.
How do they control the work process?
When working with larger teams and external resources, keeping track of different versions of documents and ensuring accountability can be a challenge. This becomes even more difficult when using legacy technology like email, which lacks the necessary supervision tools required for managing teams and interacting with external stakeholders.
However, new case management and preparation solutions can effectively address these challenges. These solutions ensure effective monitoring while providing enhanced security features and access controls, which ensure that only authorised collaborators can access specific case-related documents.
Besides improving control and security, these cutting-edge systems for managing and preparing cases allow arbitration teams to work concurrently, effectively, and with less data dispersion. This is essential in reducing the impact of technology.
What are their sustainability practices?
It’s also important to remember that when it comes to improving sustainability in arbitration, it’s not merely about adopting new technologies. It’s about partnering with vendors who share a commitment to sustainability. When looking at potential vendor partners, it is becoming increasingly important to consider and assess their focus on sustainability.
Have they adopted sustainability policies and initiatives across their organisation? Have they publicly communicated their sustainability commitments? Do they measure their own environmental impact and have they set targets? How do they empower and educate their team? These are only a handful of the questions clients should be asking when reviewing vendors. Many organisations voluntarily participate in sustainability assessments such as EcoVadis and CDP and make the results available to their clients and supply chain.
Additional resources on sustainability in arbitration
There are lots of ways beyond technology use to improve the sustainability of arbitration. As the industry becomes more aware of their role in enhancing sustainability, the number of resources available increases. Whether you’re just starting to explore sustainability initiatives or looking to increase your impact, there’s plenty of information available. Here are a few you might find useful.
Campaign for Greener Arbitrations
The Greener Arbitrations Campaign was launched in 2019 to raise awareness of the environmental impact associated with dispute resolution and take steps to significantly reduce carbon emissions within the arbitration community. The organisation offers helpful information and encourages arbitration stakeholders, including counsel, arbitrators, parties to disputes, and institutions, to commit to mimising their environmental impact as part of The Green Pledge.
Cycle to PAW
For the second year, a group of arbitration professionals are putting their sustainability beliefs into action by cycling from London to Paris to attend this year’s Paris Arbitration Week. The inaugural Cycle to PAW event is being hosted in partnership with Club Peloton and will raise funds for three worthy causes.
Report from Herbert Smith Freehills
Herbert Smith Freehills conducted an arbitration case study to pinpoint sources of carbon emissions in their operations, aiming to reduce environmental impact. The study, published by the Campaign for Greener Arbitrations, identifies key areas contributing to carbon emissions and suggests actions to minimise and control them. Read more here – Inside Arbitration: Towards greener arbitrations: Achieving greater environmental sustainability in the way we work.