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14 Apr 2015

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 - Version Five

Victims of business-related human rights impacts have little access to justice…We have seen only a handful of national court claims, mainly brought against multinational business enterprises (MNEs) in their home courts by human rights NGOs on behalf of victims…[W]e must create a new system designed to meet the needs of all parties to human rights disputes. We propose the establishment of an International Arbitration Tribunal on Business and Human Rights (the Tribunal)…[W]e have concluded that the Permanent Court of Arbitration…located…at The Hague, would be the preferable institution to create the Tribunal...The initial use of the Tribunal would be to offer international arbitration to parties who would otherwise find themselves without a dispute resolution forum or in protracted court proceedings…The Tribunal would make mediation services available worldwide…Victims who wish to utilize the Tribunal may need financial assistance…either through outright grants or an advance of funds to be repaid out of the proceeds from final settlements or awards. This would help to…deal with the problem of “inequality of arms.”…