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International business and human rights arbitration

Author: Claes Cronstedt, Jan Eijsbouts & Robert C. Thompson, on Lawyers for Better Business, Published on: 13 February 2017

...Victims of business-related human rights abuses have little or no access to justice...For a variety of reasons, courts at all levels have largely been unable to meet their needs...We propose that new arbitration rules (BHR Arbitration Rules) be drafted that would enable parties to human rights disputes involving business to resolve those disputes using specialized business and human rights arbitration panels (BHR Arbitration Panels), no matter where in the world the disputes have arisen.  The BHR Arbitration Rules would be a revision of international arbitration rules currently in use and aimed at meeting the special needs of business and human rights arbitration...They key interests of all stakeholders in business-related human rights disputes would be served by BHR Arbitration Panels.  MNEs and their business partners would have an effective tool to control abuse with which they would otherwise be associated and to resolve disputes in which they and/or parties in their supply chains are involved.  Victims would benefit from the greater access to remedy...States would also see greater access to justice and a consequent diminution in abuse...BHR Arbitration Panels could contribute to the implementation of all three pillars of the UNGPs − the state duty to protect human rights (Pillar One), the corporate responsibility to respect human rights (Pillar Two) and access to remedy (Pillar Three)...

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