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International arbitration has many features which, at first sight, make it an attractive alternative to domestic litigation for businesses and victims alike. On closer analysis, however, the features that make arbitration attractive to commercial parties may in fact present some difficulty in the context of business and human rights disputes.
"Human rights issues already feature with some prominence in international arbitration and, irrespective of the fate of the Working Group's proposal, those issues are likely to crop up with increasing frequency in arbitral proceedings." |
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