Derecho Laboral y Arbitraje Internacional –Comercial y de Inversiones– u otros mecanismos internacionales de solución de disputas: intersección, nexos y relaciones - Iurgium [previously Spain Arbitration Review] View Derecho Laboral y Arbitraje Internacional –Comercial y de Inversiones– u otros mecanismos internacionales de solución de disputas: intersección, nexos y relaciones by - Iurgium [previously Spain Arbitration Review] Derecho Laboral y Arbitraje Internacional –Comercial y de Inversiones– u otros mecanismos internacionales de solución de disputas: intersección, nexos y relaciones 2019 36

This article deals with the possibility that matters of labor nature are raised or discussed in international commercial or investment arbitrations, either as the central core of the disputes or within the arguments presented in their defense by the defendants in those proceedings, especially by States sued in investment arbitration. The article also mentions some mechanisms for resolving disputes enshrined in free trade agreements or regional integration schemes, or in the so-called new generation agreements, used to process and resolve complaints of labor-related breaches by States-parties to those agreements, including in some cases the arbitration for the application of sanctions, beyond other mechanisms more commonly used such as high-level consultations between governments, panels of experts, committees or special groups, conciliation or mediation, etc. It also mentions the possibility of using mechanisms of protection of Human Rights at the international level, to claim the responsibility of States and even of multinational corporations, for violations of labor rights, and even the possibility of arbitration for claims against businesses for Human Rights violations, as it happened in an emblematic case originated in Bangladesh and submitted to arbitration in recent years, which is a good example of the use of alternative mechanisms to resolve Human Rights disputes with labor content. All the described situations show the intersection and links between arbitration –and other dispute resolution mechanisms– with labor issues, evidencing that in law there are no separate blocks but connections, interrelations and unity.

Iurgium [previously Spain Arbitration Review]