Clauses

This clause aims to reduce carbon emissions created during disputes.

Litigation and arbitration create considerable and unnecessary amounts of physical paperwork and printing. Paper is energy-intensive and has a significant carbon and water footprint. 

Litigation and arbitration can also require significant travel commitments for parties, lawyers, witnesses and experts (generally by air). Short-haul aviation is one of the most emissions-intensive means of travel.

A clause for insurance policies covering dispute costs and expenses (such as After The Event (ATE) Insurance policies) that requires the insured to conduct disputes in an environmentally friendly way.

An underlying framework of green obligations, which target a company’s decision-making, internal investments and reporting in addressing material environmental issues for the company.

This clause requires the parties to understand the environmental performance of leased premises and collaborate to improve that performance over time. 

This is a green coding clause that obligates companies to develop software (or have it developed) in an energy-efficient and sustainable manner. 

Green AST clauses to give tenants a modest rental rebate for 'green' household management and give landlords the ability to invest in renewable energy installations while their rentals are occupied.

A share purchase/ asset purchase agreement clause requiring the purchaser to maintain/ improve the target company's green credentials post acquisition, linked to payment from escrow if successful.

This clause builds climate change mitigation into the environmental/ social standards in Development Finance Institution (DFI) or Export Credit Agency (ECA) finance transactions.

A clause requiring companies to carry out a climate change risk assessment, to be inserted into the General Conditions of corporate insurance policies across all lines of business.

This clause incentivises a counterparty to reduce greenhouse gas emissions in exchange for a gain-share payment calculated by reference to the value of the goods or services it provides.

This clause requires the parties to consider the emissions associated with the performance of the agreement. It can be used in any commercial agreement. 

A set of sustainability-linked clauses to be incorporated into Facility Agreements: including covenants, representations and a ratcheted interest rate linked to emissions reduction performance.