Barry Leon on "Model Clause for Company Outside Counsel Engagement" from the CGA

In: Article Published: Monday 20 March 2023

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33 Bedford Row and Arbitration Place arbitrator and mediator Hon. Barry Leon wrote in Law 360 Canada about the recently released “Model Clause for Company Outside Counsel Engagement” from the Campaign for Greener Arbitrations: The Green Pledge (CGA).

The Model Clause, developed by the CGA’s Corporates Task Force, which is chaired by Michael Mcilwrath of MDisputes, formerly VP litigation for Baker Hughes.

Barry observes that with the Model Clause, corporate counsel are starting to “drive the bus” on the greening of arbitration and on procedural efficiency in arbitration.

The Model Clause is for use by company legal departments to assist in reducing carbon emissions and other environmental impact associated with managing and resolving disputes.

It not only tracks some of the key principles of the CGA for reducing carbon emissions and other environment impact associated with arbitration, explains Barry in the article, but it also incorporates issues of procedural efficiency by encouraging discussion on whether certain procedural steps can be streamlined or are even necessary. In this sense, the model language is consistent with the trend of in-housecounsel being actively engaged in arbitration and active collaborators with their outside counsel.

Barry concludes that these “twin objectives” of corporate counsel and their companies in relation to arbitration (and other modes of dispute resolution) should expedite attaining both objectives. There is a natural synergy.

Please read the article through this link.