The hague rules on business and human rights arbitration

Abstract

On the 12th of December, 2019, at the symposium hosted by the Permanent Court of Arbitration in the Peace Palace in the Hague, professor Bruno Simma and the Business and Human Rights Arbitration Working Group officially launched the Hague Rules on Business and Human Rights Arbitration. It is expected that arbitration based on this Rules will hold great promise as a method for resolving human rights disputes involving multinational business enterprises (MNEs), in particular, in regions where national courts are noneffective, corrupt, politically influenced or simply unqualified. In this regard, the article attempts to analyze the main provisions of the Hague Rules and assess the appropriateness of its application for resolving human rights disputes involving business. Based on the results of the analysis, the author concludes that the adoption of this document, first, will provide a remedy for those affected by the human rights impacts of business activities, and second, can assist businesses to meet its responsibilities under the UN Guiding Principles.