---
title: Avoiding Excessive Paperwork in Dispute Resolution
excerpt: 
date: 2024-03-27T14:15:46Z
modified: 2025-07-23T11:11:35Z
file_type: md
permalink: clauses/avoiding-excessive-paperwork-in-dispute-resolution.html
wpid: 2003
status: publish
type: clause
jurisdiction:
  - England & Wales
maintenance-status:
  - Not maintained
practice-area:
  - Litigation and dispute resolution
eleventyComputed:
  clause_child_name: "Toby's Clause"
  clause_summary: A contractual obligation between the parties stating that, in the event of a dispute, parties agree to settle it in a ‘green’ manner.
  clause_last_updated_date: 2023-07-03
layout: layouts/clause.njk
---

# Avoiding Excessive Paperwork in Dispute Resolution

## Child’s name

Toby's Clause

## Summary

A contractual obligation between the parties stating that, in the event of a dispute, parties agree to settle it in a ‘green’ manner.

## What this clause does

This clause can be used in any commercial agreement and provides certainty that any dispute must be handled in a manner that reduces the use of paper. The clause also includes a commitment by both parties to offset emissions arising from any dispute and to consider how such dispute may be handled in a way that minimises greenhouse gas emissions.

## Clause Content

**Dispute management**

\[*Drafting note: this clause contains short form green dispute resolution clauses. For more detailed green dispute resolution drafting, refer to* [*\[Emilia’s Protocols\] Green Litigation and Arbitration Protocols*](https://chancerylaneproject.org/climate-clauses/green-litigation-and-arbitration-protocols/)*,* [*\[Mia’s Clause\] Low Carbon Arbitrations*](https://chancerylaneproject.org/climate-clauses/low-carbon-arbitration-hearings/) *and the* [*Campaign for Greener Arbitration’s Model Clause and Green Protocols*](https://www.greenerarbitrations.com/)*.*\]

*\[Drafting note: capitalised terms relate to either a defined term in this clause or a defined term in the main agreement that this clause is designed to be inserted into.\]*

1\. If a dispute arises under or relating to this contract:

1.1 all notices and communications between the parties will be sent by electronic means; and

1.2 the parties shall use Electronic Bundles for all meetings and hearings.

2\. The obligation at clause 1 is subject to any party’s obligation to the contrary found in any relevant court or tribunal order, procedural rule, practice direction or court guide.

3\. Where a hard copy bundle is used at any stage in a dispute, the parties must:

3.1 print double-sided;

3.2 use environmentally-friendly toner and ink;

3.3 use recycled paper;

3.4 use cardboard (non-plastic) tabs, dividers and folders; and

3.2 subject to any legal obligations to retain copies, dispose of the bundle by recycling it in a secure and confidential manner.

4\. Within \[one month\] of the resolution of any dispute or at a relevant stage of a dispute, the parties shall appoint an independent third party \[*e.g. the Carbon Trust*\] to calculate the Carbon Footprint.

5\. The independent third party’s costs shall be \[shared equally by the parties/ paid by the losing party\].

6\. Within \[one month\] of receiving the independent third party’s calculation of the Carbon Footprint, \[the parties/ the losing party\] will offset the Carbon Footprint by:

6.1 planting Native Trees; or

6.2 purchasing carbon credits from a project:

(a) 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 \[or \[successor/ equivalent\] UNFCCC mechanism\];

(b) where the emissions of Greenhouse Gases avoided, reduced or removed by the project are additional;

(c) that prioritises removing Greenhouse Gases from the atmosphere rather than avoiding or reducing third party emissions of Greenhouse Gases;

(d) that for Greenhouse Gas removals, uses storage methods with a low risk of reversal over millennia\[./; and

(e) that takes account of a just transition and addresses wider social and ecological goals.\]