Author: Shaun Milligan* Published: April 2021 Jurisdictions: International Bangladesh Topics: Commercial Disputes Confidentiality Arbitral Adjudication Description: In December 2019, the Hague Rules on Business and Human Rights Arbitration (the “Hague...
Search Results for : "Human Rights"
...the Hague Rules on Business and Human Rights Arbitration was developed, which allow for i) victims of corporate human rights abuses to confront multinational enterprises legally and ii) to address...
The Perils of Intra-Corporate Arbitration for ESG Disputes
...this article argues that the sovereign nature of one of the parties requires that international law, which also includes human rights, be designated as the governing law of their disputed...
A Human Rights-Based Arbitral Tribunal for Sovereign Debt – Vol. ...
...purpose of sovereign immunity is to promote courtesy and mutual respect between states, and that the application of the sovereign immunity complies to European Convention on Human Rights only if...
How Can Ukrainian Judgments Recovering War-Related Damages From Russia Be ...
...human rights to a healthy environment, “Paying Polluters: The Catastrophic Consequences of Investor-State Dispute Settlement for Climate and Environment Action and Human Rights” (13 July 2023). Some governments, such as...
Navigating Climate Action and ISDS Risks for South Korea
...such as the inclusion of human rights, labor, and environmental concerns in BITs, for example, Austria-Kazakhstan BIT,[6] Austria-Tajikistan BIT,[7] Hungary-Kyrgyzstan BIT (2020), Korea-Uzbekistan BIT (2019), and others. WHY CREATE...
ВITs in Central Asia: Opportunities and Risks
...public policy (para. 82). Echoing ISU and the European Court of Human Rights in Mutu and Pechstein v Switzerland, the Court deemed CAS arbitration “unilaterally imposed” (paras 92, 96). While...
Once Upon a Time in RFC Seraing: the EU Frontier ...
...in her first year of law school and also served as a coach for the Immigration Law Moot Court. Her interests include international arbitration, international trade, human rights, and immigration...
Our Student Editors
...Arbitration for Sport (CAS) and Business and Human Rights Arbitration (BHR).[1] The paradigm shift from the court-based resolution is also taking place in rather less commercial domains, such as art...
Art Disputes and the Court of Arbitration for Art: Evolution ...
...2000), 41 I.L.M. 896. [20] Lebanon: Flawed Domestic Blast Investigation, Human Rights Watch (Oct. 20, 2020), https://www.hrw.org/news/2020/10/22/lebanon-flawed-domestic-blast-investigation. [21] Ben Hubbard et al., How a Massive Bomb Came Together in Beirut’s...
Potential Arbitration Proceedings for Investor-State Disputes Arising in the Aftermath ...
...provisions that can make human rights considerations come into play, thus preventing giving effect to those provisions. Nowadays, human rights are considered to form an important part of the mandatory...
Proposals to Amend the Code of the Court of Arbitration ...
...common area where that has been done concerns international human rights conventions. But outside the field of human rights, a real reluctance to empower individuals to maintain international claims characterizes...