ABSTRACT
This chapter analyses the potential of and the skepticism toward international arbitration to provide effective remedy for business-related human rights abuses. Despite the vast prevalence of international arbitration for the resolution of cross-border commercial and investment disputes, the arbitration mechanism has received increased public scrutiny. While human rights considerations have already emerged in international arbitration cases, the arbitration mechanism must be adapted if it is to be used in cases concerning substantive human rights claims. This chapter begins by setting out the advantages and disadvantages of international arbitration for the resolution of disputes concerning business-related human rights abuses against the effectiveness criteria set out for non-judicial mechanisms in the United Nations Guiding Principles for Business and Human Rights. The chapter then puts forward the specific ways in which the international arbitration mechanism should evolve in cases where the substantive claims involve human rights; in particular, a set of procedural rules that ensure transparency, amicus curiae participation, specialized arbitrators and human rights experts, site visits, collective redress, monitoring of award compliance, and financial assistance.
