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2 Oct 2014

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

Intl. arbitration tribunal on business & human rights could be a new way to offer victims "access to fair justice", says Claes Cronstedt

"International Arbitration Tribunal on Business and Human Rights: Reshaping Access to Remedy", 29 Sep 2014

...The idea of the Tribunal came up when the Supreme Court of the United States decided the Kiobel case...The Alien Tort Statute was thus severely crippled...We thought that there must be a way to offer victims access to fair justice when competent courts are unavailable or unreliable. This flagrant inequity is a destabilising factor in our society. An expert arbitration tribunal could perhaps fill in the gap to reduce the present impunity...Further, we thought that the Tribunal could be a key response to John Ruggie’s Guiding Principles that are calling for new ways to provide remedy...Victims would be able to come before the Tribunal to settle their alleged claims through mediation - or to have them decided by a panel of arbitrators with expertise in the human rights responsibilities of businessCorporations may want to use the Tribunal to clear themselves from accusations of alleged human rights violations...[Refers to General Electric]