Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-22T08:56:02.676Z Has data issue: false hasContentIssue false

19 - The Use of International Arbitration Tribunals for Business and Human Rights Disputes

Published online by Cambridge University Press:  10 September 2021

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Michael Ashley Stein
Affiliation:
Harvard Law School, Massachusetts
Get access

Summary

The focus of this chapter is the use of international arbitration for BHR disputes. The first part sets out the theoretical framework. It places arbitration within the context of the UN Guiding Principles on Business and Human Rights (“UNGPs”) and the barriers to individuals securing remedies. The merits and limitations of arbitration as an existing mechanism for resolving BHR disputes are discussed. The authors also consider how international arbitration, with appropriate modifications, may be complementary to, and operate in parallel with, both existing state-based judicial mechanisms as well as possible multilateral institutions for resolution of BHR disputes in the future. The second part of the chapter considers the pragmatic angle of arbitration of BHR disputes through: (i) the prism of the experience of the Bangladesh Accord Arbitrations; (ii) the formulation of BHR-specific arbitral procedures in the form of the Hague Rules; and (iii) the potential embrace of BHR arbitration in a range of specific industries, namely fast fashion, mega-sporting events, and commerce at sea.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×