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

## 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.\]

## Topics

**Jurisdictions:** [England & Wales](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/jurisdiction/england-wales.md)

**Maintenance status:** [Not maintained](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/maintenance-status/not-maintained.md)

**Practice Areas:** [Litigation and dispute resolution](https://chancerylaneproject.org/wp-content/uploads/wp-mfa-exports/taxonomy/practice-area/litigation-and-dispute-resolution.md)