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10 Nov 2014

Claes Cronstedt & Robert C. Thompson, Working Group on International Arbitration Tribunal on Business and Human Rights

[PDF] An International Arbitration Tribunal on Business & Human Rights - Enhancing Access to Remedy - Version Four

…The Tribunal would enforce international human rights law wherever pre-dispute commercial contracts and post-dispute agreements arbitral agreements so provide…[T]he drafters could provide that the contract gives enforcement rights to outside stakeholders who are not parties to the contract, as third-party beneficiaries. These third-party rights could extend to potential victims as well as to organisations that represent groups of potential victims, such as labour unions or NGOs…The Tribunal would maintain lists of arbitrators and mediators, drawn from candidates who demonstrate a high level of achievement, along with familiarity with human rights law and business affairs...The Tribunal would operate under a set of rules prepared by a high-level official drafting committee whose members reflect a balance among concerned stakeholders…Among the significant human rights-specific issues the drafting committee should consider are: (a) how transparent the proceedings and awards should be (and how to accommodate business confidentiality concerns); (b) how to ensure “equality of arms” between the parties…The Importance of the Tribunal’s Mediation Functions…Would there be a “Floodgate” Problem?...