Hesham Saad Al-Sherbiny: Green future and green arbiration
Arabian Steel Industries Technical Advisor
What does Society need to apply and activate the green arbitration?
To apply and activate Green Arbitration—especially in industries like steelmaking, energy, and infrastructure—you’re talking about integrating sustainability principles into conflict resolution and decision-making processes, typically in procurement, operations, or compliance disputes.
What is Green Arbitration?
Green Arbitration is a framework that ensures dispute resolution practices (especially arbitration) align with environmental sustainability principles, such as minimizing environmental impact and incorporating eco-conscious standards into legal and industrial decision-making.
Key Elements to Apply and Activate Green Arbitration
1. Sustainability Clauses in Contracts
Include Green Clauses in commercial contracts:
Energy efficiency standards
Emission reduction goals
Compliance with ESG (Environmental, Social, Governance) principles
Circular economy or low-carbon supply chain requirements
2. Green Arbitrator Selection
Choose arbitrators with:
Environmental or ESG expertise
Familiarity with green legislation and sustainable business practices
Alignment with the Green Protocol for Arbitration (e.g., CPR, ICC guidance)
3. Eco-Friendly Arbitration Practices
Use paperless filings, virtual hearings, and digital communication
Reduce travel by adopting remote arbitration methods
Select arbitration venues with a low carbon footprint
4. Integration with Sustainability Frameworks
Align arbitration processes with:
UN SDGs (Sustainable Development Goals)
EU Green Deal, or regional sustainability laws
ISO 14001 or ISO 50001 if applicable to industrial operations
5. Green Dispute Resolution Protocol
Adopt a Green Arbitration Protocol, which includes:
Prioritization of sustainable outcomes
Encouraging parties to explore collaborative settlement with eco-benefits
Post-award compliance tied to environmental performance
6. Green Auditing & Certification
Third-party ESG audits can support arbitration cases by providing:
Environmental performance data
Verification of green commitments
Impact assessments to inform arbitrators
7. Industry Guidelines & Partnerships
Reference green guidelines from bodies like:
ICC Task Force on Arbitration & Climate Change
IBA’s Model Statute for Climate-Aligned Arbitration
National Green Tribunals (in some countries)
Ideal Use Cases
Disputes over emission targets or carbon trading obligations
Conflicts in renewable energy contracts
Supply chain sustainability failures
Non-compliance with green building codes or ESG clauses
Conclusion / End Statement
As industries increasingly embrace sustainability, Green Arbitration emerges not merely as an option, but as a necessary evolution in dispute resolution.
By embedding environmental consciousness into legal frameworks and operational contracts, organizations can ensure that justice serves not just business interests, but also the planet.
The true success of Green Arbitration lies in its ability to harmonize fairness, accountability, and ecological responsibility—paving the way for a greener, more resilient future.
