Investment Arbitration and Human Rights

Human rights law can affect governments’ obligations regarding treatment of foreign investors and investments, while investment arbitrations can have important implications for human rights. Nevertheless, there remains significant uncertainty regarding whether and how to integrate human rights considerations into arbitral proceedings.

In December 2014, CCSI offered a CLE workshop on investment arbitration and human rights, gathering experts to examine which human rights issues may be implicated in investment disputes, as well as how and to what extent the issues have been handled by parties and arbitrators; to explore how parties might effectively raise human rights norms and issues in the course of an arbitration; and to evaluate the roles and obligations of tribunals in considering such arguments. CCSI continues to work on this issue, and plans to offer follow-up programming.