Lawyers propose intl. arbitration rules as remedy for business & human rights abuses

Get RSS feed of these results

All components of this story

Article
27 March 2017

Intl. law specialists propose arbitration rules to resolve business & human rights disputes

Author: Global Arbitration Review

"Call for new rules for human rights disputes involving business", 24 Mar 2017

...Three international law specialists [Claes Cronstedt, Jan Eijsbouts & Robert C. Thompson] have proposed drafting a special set of rules for the arbitration of disputes over alleged human rights abuses by businesses, arguing that it would solve an access to justice problem and have a preventative effect all the way down the supply chain...In a paper presented at an event in Stockholm this week, they argue that international arbitration “holds great promise” as a method of resolving such disputes, which often occur in regions where national courts are “dysfunctional, corrupt, politically influenced or simply unqualified”.  Parties to such disputes – generally multinational business enterprises accused of human rights businesses and their alleged victims or private groups or NGOs representing them – have need of a private system that can function in these regions...To counter the “inequality of arms” that human right abuse victims currently face when they assert their rights, the authors suggest permitting representation of victims by NGOs and labour unions and the use of pro bono or legally aided lawyers’ services...

Read the full post here

Article
13 February 2017

International business and human rights arbitration

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

...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)...

For more information, please consult the project website.

Read the full post here

Article
10 February 2017

International arbitration: remedy for victims in business and human rights disputes

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

International arbitration holds great promise as a method to resolve human right disputes involving business.  These disputes often occur in regions where official national courts are dysfunctional, corrupt, politically influenced or simply unqualified.  Parties to such disputes, generally Multinational Enterprises (MNEs) and the victims of human rights abuse linked to MNEs, need a private system that can function in these regions...The drafting of the BHR Rules would begin with the formation of a drafting team composed of experts in various aspects of international human rights disputes and chaired by a leading specialist in international arbitration...Once an institution has accepted such rules, it could be seen as a business and human rights court of international arbitration...Another important use would be for MNEs to build international arbitration into their programs for carrying out their responsibilities under the UN Guiding Principles on Business and Human Rights (the UNGPs) and other international and national instruments...International arbitration using a BHR Arbitration Panel would amount to a judicial system without a country. It would reinforce global governance by effectively protecting the rule of law and fundamental rights − creating its own momentum.

Read the full post here