Arbitrating Business and Human Rights Disputes: Viable for Victims?

17 July 2018 | Global

Legal Briefings – By Antony Crockett and Marco de Sousa

International arbitration has many features which, at first sight, make it an attractive alternative to domestic litigation for businesses and victims alike. On closer analysis, however, the features that make arbitration attractive to commercial parties may in fact present some difficulty in the context of business and human rights disputes.

In the latest edition of Asian Dispute Review, July 2018, Antony Crockett and Marco de Sousa discuss the pros and cons of a 2017 proposal by the Working Group on International Arbitration of Business and Human Rights to use arbitration as a means of resolving business-related human rights disputes arising out of relationships between multinational companies and (i) their suppliers, and (ii) individuals, such as employees. Comparisons are drawn with international commercial and investor-State arbitration and models drawn from those systems considered.

"Human rights issues already feature with some prominence in international arbitration and, irrespective of the fate of the Working Group's proposal, those issues are likely to crop up with increasing frequency in arbitral proceedings."

To access the following sections and read the article in full, please download from www.asiandr.com

Introduction and background
The Working Group's proposal
Is arbitration a suitable mechanism for resolving business and human rights disputes?
Conclusion

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Key Contacts

If you have any questions, or would like to know how this might affect your business, phone, or email these key contacts.

Antony is a disputes lawyer specialising in public international law including Business and Human Rights and investment treaty arbitration.

Key Services

Public International Law

Business and Human Rights

Key Sectors

Financial Institutions

Energy

+852 21014111

Marco is an Associate specialising in international arbitration.

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Business and Human Rights

International Arbitration

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Energy Disputes

Oil and Gas

+44 20 7466 2191

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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.