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The Hague Rules on Business and Human Rights Arbitration

Published online by Cambridge University Press:  01 March 2021

Ursula Kriebaum*
Affiliation:
Professor of Public International Law at the University of Vienna.

Extract

Let me start with the goals of the Hague Rules on Business and Human Rights Arbitration. The Business and Human Rights Arbitration Project dates back to 2013. In that year the U.S. Supreme Court ruled in the Kiobel v. Shell case that the U.S. Alien Tort Statute of 1789 has no extraterritorial effect. It denied victims of human rights abuses by companies access to U.S. courts to obtain damages for alleged violations. As a consequence, the idea arose that arbitration could be used as an alternative route for dispute resolution available to corporations and rights holders to resolve their disputes in the business and human rights field.

Type
Protecting Human Rights Through International Adjudication
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press on behalf of The American Society of International Law.

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Footnotes

This panel was convened at 3:30 p.m., Thursday, June 25, 2020, by its moderator Diana Tsutieva of Foley Hoag LLP, who introduced the panelists: Ursula Kriebaum of the University of Vienna; Toby Landau of Essex Court; Jennifer Permesly of Skadden Arps Slate Meagher & Flom LLP; Penny Venetis of Rutgers Law School; and Bruno Simma of the University of Michigan Law School.

References

1 This part reflects the presentation by Steven Ratner at the occasion of the Launch of the Business and Human Rights Arbitration Rules on December 12, 2019.

2 This part reflects the presentation by Steven Ratner at the occasion of the Launch of the Business and Human Rights Arbitration Rules on December 12, 2019.