Access to justice and multinational corporations: promoting privately driven transnational hybrid adjudication

Abstract

Abstract This chapter focuses on the delivery of justice to victims of corporate conduct through privately driven transnational hybrid dispute resolution mechanisms. The advent of such mechanisms is now evident through the creation of Meta’s Oversight Board (‘OSB’). How to incorporate such privately driven justice mechanisms in more conventional forms of legal ordering is an important question constituting the central inquiry of this reflection. Via the example of the OSB, this chapter highlights how some content moderation disputes between Meta, one of the most powerful technology companies today, and its users is being resolved using innovative private adjudicative mechanisms. It is then argued that forums like the OSB should be deferred to. But only if the quality of justice provided is consistent with international standards. Where those standards are met, the broad circulation of decisions made by privately driven adjudicative mechanisms should be promoted. This requires proactive, outcome driven, and coordinated international institutional action.