Human Rights: Coming Soon to an International Arbitration Near You?

Presentation

Is it only a matter of time – and not much time – before human rights take on a more prominent role in investor-state and international commercial arbitration?
The human rights duties of States under global treaties and regional instruments are often in tension with commitments to investors. States sometimes assert human rights obligations as defenses or counterclaims.
Investors, too, have human rights responsibilities under United Nations and OECD guidelines and, increasingly, under hard law such as the EU Corporate Sustainability Due Diligence Directive (CSDDD). Investors may need to consider human rights, both in shaping claims and in confronting contentions that human rights require or justify regulatory rigor.
These issues may arise more frequently, now that the UN General Assembly recognizes the human right to a “clean, healthy and sustainable environment.” And even more frequently when recent BITs and model agreements, explicitly incorporating human rights, enter into force.
Commercial arbitration may also be affected. The CSDDD requires large companies to include human rights “assurances” in contracts with business partners.
Our speakers are highly qualified to illuminate these trends. Amy Frey of King & Spalding has nearly twenty years’ experience in international arbitration and a Masters degree in international human rights law. The firm’s Douglass Cassel co-chairs the global Business and Human Rights Lawyers Association. Cherine Foty practices international arbitration as well as business and human rights at Covington. Katia Yannaca-Small advises Arnold & Porter on international arbitration and formerly managed the OECD’s work on Responsible Business Conduct.
We welcome you to take advantage of this opportunity to get ahead of the curve!