Courts & Justice Systems

Private Sector Role

A deficiency in global law is the gap in legal remedies available to those affected by transnational enterprises. The creation of the Hague Rules on Business and Human Rights Arbitration intends to help close this gap. This session discussed the utility of international dispute resolution in the field of business and human rights and the viability of the Hague Rules to enable businesses and people to resolve their disputes in a consensual and legally binding way. The session highlighted that an arbitration solution to this specific aspect of the justice gap may be attractive to both corporations and victims due to its properties of neutrality, enforceability of cross border arbitral awards, and procedural flexibility of both the applicable law and the process. The main challenge, on the other hand, is that arbitration is a voluntary, consent-based process. Among the central issues under consideration for the continued development of the Hague Rules are the four key areas of consent, composition, confidentiality, and cost.

Read the full summary for this working session. 


Additional Resources:

CICL and The Hague Hearing Centre