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6 - Human Rights in International Commercial and Investment Arbitration
from Part II - Public Law Questions Relating to Arbitration
- By Petra Butler
Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
Book:

Cambridge Compendium of International Commercial and Investment Arbitration

Published online:

18 February 2023

Print publication:

02 March 2023, pp 139-185
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Summary

The chapter examines the relevance of (international) human rights law for international arbitration. It advances the proposition that (international) human rights law is part of the fabric of international arbitration. Hence the chapter sets out firstly thehuman rights norms and human rights methodology as far it is relevant in the international arbitration context. It then discusses human rights as the means to justify the existence of international arbitration. In its main part, the chapter considers the relevant human rights norms in commercial and investment arbitration and discusses the application of international human rights law in the commercial and investment arbitration context.