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10 Dec 2014

Claes Cronstedt, Working Group on International Arbitration Tribunal on Business and Human Rights

Expert intl. arbitration tribunal on business & human rights “could be a turnaround” for victims’ access to justice, says Claes Cronstedt

"United Nations Annual Forum on Business and Human Rights - International Arbitration Tribunal on Business and Human Rights: Enhancing Access to Remedy", 3 Dec 2014

Many of you in this room, no doubt, share our deep concern about the lack of access to justice for victims of human rights abuses…We have talked about corrupt or ignorant domestic courts, about forum nonconveniens and other barriers to access to justice - nothing seems to change…However, our belief is that an expert arbitration tribunal could be a turnaround. The proposed Tribunal would be specially designed to handle human rights disputes. It offers mediation and arbitration. Its swift proceedings could be held anywhere in the world. The arbitration awards would be widely enforceable under the 1958 New York Convention. In short, it would offer fair justice. The arbitrators would be specialized in human rights abuses…The Tribunal would also enhance the impact of John Ruggie’s UN Guiding Principles. In our rapidly changing society, the legal machinery must keep pace. The Tribunal would be a cutting-edge solution…