The Potential of Arbitration as Effective Remedy in Business and Human Rights: Will the Hague Rules be Enough?

Abstract

The area of business and human rights (BHR) has a gap in its means to effectively remedy human rights violations. In pursuit of implementing the third pillar of the UN Guiding Principles on Business and Human Rights, which focuses on providing an effective remedy to rightsholders affected by corporate human rights violations, it has been proposed to utilize arbitration as a new platform to deal with such violations. The Drafting Team that has instigated this initiative has prepared a set of procedural rules for BHR arbitration, called the Hague Rules. The Rules were officially launched on 12 December 2019. These arbitral rules are tailored to the specific needs of settling human rights disputes. In this article, the general idea of BHR arbitration will be analysed, and assessed in light of the normative concept of ‘effective’ remedy, using the Hague Rules as a focus point. This article will discuss not only what the Hague Rules would introduce to the general concept of BHR arbitration, but also what limitations might still remain in securing an effective remedy.