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KCI등재 학술저널

An Introductory Study on the Draft Hague Rules on Business and Human Rights Arbitration

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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.

Ⅰ. Introduction

Ⅱ. Overview of the Draft Hague Rules

1. Purpose of the Draft Hague Rules

2. Structure of the Draft Hague Rules

Ⅲ. Unique Features of the Draft Hague Rules

1. Introduction

2. Unique Features of the Draft Hague Rules regarding BHR Disputes

(1) Inequality of Arms

(2) Appointing Authority

(3) Presiding Arbitrator’s Qualification

(4) Evidentiary Procedures

(5) Remedy

(6) Governing Law

Ⅳ. Conclusion Reference

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