Arbitrage en business human rights: Een passende combinatie?

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Abstract

This contribution focusses on arbitration as a means to address human rights disputes between business and those who are
affected by the operations of business. It first explains the international frameworks on which the expectation is based:
business should respect human rights and provide access to remedy. After this, it explores whether arbitration is currently
being used to solve these disputes. Concluding it is not frequently used, the Hague Rules on Business Human Rights
Arbitration that were launched in December 2019 are analysed. The innovative features of these rules, which are based on
the UNCITRAL Arbitration Rules, will be elaborated. After this, it is explored whether these rules may facilitate the use of
arbitration. It seems pivotal that in this scenario arbitration should not be considered in isolation, but as part of a broader
‘remedy ecosystem’. This contribution provides some initial ideas on how arbitration could fit into this ‘remedy ecosystem’.
Original languageEnglish
Pages (from-to)57-64
JournalTijdschrift voor Arbitrage
Volume2
Issue number29
Publication statusPublished - 20 Apr 2021

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