The Hague Rules on Business and Human Rights Arbitration — designed to facilitate the use of arbitration to address human rights violations committed by companies in their international business activities — were launched on 12 December 2019 in The Hague. The Hague Rules are presented as the result of a global and inclusive process carried out by various stakeholders. It establishes an arbitration procedure where flexibility, accessibility, transparency and cultural appropriateness are presented as key features.
At such an early stage of their existence, it is naturally impossible to foresee what their future will be. Their success will ultimately depend on their ability to gain legitimacy amongst lawyers, potential parties and human rights activists. This article attempts to present the content of these Rules as well as the approach which led to their publication before concluding on the factors of success or failure.
Revue de l’arbitrage