International organizations increasingly face legal actions by private parties seeking compensation for harm allegedly caused by their wrongdoings. Such disputes may include contractual claims, tortious claims, as well as employment claims by employees regarded as ‘non-staff’ (such as consultants, volunteers and contractors). Yet, private claimants are often barred from bringing proceedings before domestic courts due to the jurisdictional immunity of international organizations, and thus are denied access to justice. For this reason, the International Law Commission recently included the topic of the ‘Settlement of disputes to which international organizations are parties’ in its programme of work. This article analyses how international organizations may use arbitration to settle private law disputes.
ASA Bulletin