An Introductory Study on the Draft Hague Rules on Business and Human Rights Arbitration
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
An issue of human rights abuse in business emerged as a serious social problem recently not only in Korea, but also worldwide. However, the stipulations in ‘UNGPs’ and ‘OECD Guidelines’ do not provide a legally binding dispute settlement mechanism. Under these circumstances, it is very well timed that the Working Group on International Arbitration of Business and Human Rights recently published the Draft Hague Rules on Business and Human Rights Arbitration, which will be launched in December 2019 as an effective and efficient alternative to mediation or court litigation. This paper examines the purpose, the structure, and the unique features of the Draft Hague Rules, among other provisions, including 1) Inequality of Arms between the Parties, 2) Appointing Authority, 3) Presiding Arbitrator’s Qualification, 4) Evidentiary Procedures, 5) Remedy, and 6) Governing Law.
Abstract
An issue of human rights abuse in business emerged as a serious social problem recently not only in Korea, but also worldwide. However, the stipulations in ‘UNGPs’ and ‘OECD Guidelines’ do not provide a legally binding dispute settlement mechanism. Under these circumstances, it is very well timed that the Working Group on International Arbitration of Business and Human Rights recently published the Draft Hague Rules on Business and Human Rights Arbitration, which will be launched in December 2019 as an effective and efficient alternative to mediation or court litigation. This paper examines the purpose, the structure, and the unique features of the Draft Hague Rules, among other provisions, including 1) Inequality of Arms between the Parties, 2) Appointing Authority, 3) Presiding Arbitrator’s Qualification, 4) Evidentiary Procedures, 5) Remedy, and 6) Governing Law.
참고문헌 (13)
- Ahn, K. H., "A Study on the Application of the UNIDROIT Principles of International Commercial Contracts in International Commercial Arbitration", Doctor, pp.2011
- Blackaby, N., "Redfern and Hunter on International Arbitration", pp.1~849 (2009), Oxford University Press
- "Arbitrating Business and Human Rights Disputes: Public Consultation on the Draft Hague Rules on Business and Human Rights Arbitration" (2019)[URL]
- "International Business and Human Rights Arbitration, a Trustworthy Remedy" (2018)[URL]
- OECD, "OECD Guidelines for Multinational Enterprises", OECD Publishing, 1~89 (2011)
- "International Arbitration of Business and Human Rights Disputes: Elements for Consideration in Draft Arbitral Rules, Model Clauses, and Other Aspects of the Arbitral Process" (2018)[URL]
- "Summary of Sounding Board Consultation Round 1 – Results: Elements Paper on the Hague Rules on Business and Human Rights Arbitration" (2019)[URL]
- "Seoul court recognises award that can’t be executed" (2014)[URL]
- "Seoul Central District Court Decision 2012GaHap15979 rendered on 31 January 2013", ~ (2013)
- "Seoul High Court Decision 2012Na88930 rendered on 16 August 2013", ~ (2013)
- "The Draft Hague Rules on Business and Human Rights Arbitration", ~ (2019)
- "The UNCITRAL Arbitration Rules", ~ (2013)
- "The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration", ~ (2013)