Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights Claims in Canada

Abstract

Forum selection and arbitration clauses are a mainstay of international commercial agreements. Contracting parties often negotiate and insert a clause specifying either the chosen forum for adjudicating any disputes arising from the contractual relationship, or agreeing to arbitrate the dispute. This paper will briefly explore the implications of promoting a social contract model for advancing and adjudicating international human rights claims in Canada from the perspective of the differing judicial approaches to the enforceability of forum selection and arbitration clauses.