Unpacking the Potential for Unilaterally Binding Arbitration: Improving Access to an Effective Remedy, and Business-Related Human Rights Violations

This research concerns corporations’ responsibility to improve victims’ access to an effective remedy by engaging [in] various non-judicial grievance mechanisms, and focuses primarily on the ‘legitimacy’, and ‘rights compatible’ criteria envisaged under Principle 31 of the UNGPs. I demonstrate that non-binding non-judicial mechanisms exhibit significant weaknesses in the area of the above criteria, and therefore show why (and how) it is vital that Unilaterally binding arbitration should occupy a greater role in the resolution of business-related human rights violations