---
title: Introduce Climate Considerations to Dispute Resolution
excerpt: 
date: 2024-08-22T09:47:15Z
modified: 2025-07-23T11:29:32Z
file_type: md
permalink: clauses/introduce-climate-considerations-to-dispute-resolution.html
wpid: 5827
status: publish
type: clause
jurisdiction:
  - Italia
maintenance-status:
  - Not maintained
practice-area:
  - Litigation and dispute resolution
eleventyComputed:
  clause_child_name: "Allegra's Clause"
  clause_summary: Clause encouraging parties to arbitration to create all documents in electronic form and conduct all hearings remotely or virtually, where possible.
  clause_last_updated_date: 2024-09-10
layout: layouts/clause.njk
---

# Introduce Climate Considerations to Dispute Resolution

## Child’s name

Allegra's Clause

## Summary

Clause encouraging parties to arbitration to create all documents in electronic form and conduct all hearings remotely or virtually, where possible.

## What this clause does

Drives sustainable practice in arbitration and reduces greenhouse gas emitting behaviors in proceedings. This clause can be used in any commercial agreement.

## Clause Content

**Dispute management**

*\[Drafting note: this clause contains short form green dispute resolution clauses. For more detailed green dispute resolution drafting, please refer to Guilia's clause. There are also the following England and Wales clauses: \[*[*Emilia’s Protocols\] 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/)*.\]*

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

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, provided that, if a party is unable to effect or confirm delivery of the notice or communication electronically, it will use reasonable endeavors to the extent practicable; and

1.2 the parties shall use Electronic Bundles for all meetings and hearings, to the extent practicable.

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 undertake to:

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

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

4\. Within \[1 (one) month\] of the resolution of any dispute or at a relevant stage of a dispute, the parties undertake to appoint an independent third party \[for example, the Carbon Trust\] to calculate the Carbon Footprint.

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

6\. Within \[6 (six) months\] of receiving the independent third party’s calculation of the Carbon Footprint, \[the parties OR the losing party\] undertake to 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 \[successor OR equivalent\] UNFCCC mechanism\];

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

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

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

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