Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights Claims in Canada
13 Pages Posted: 7 Nov 2009 Last revised: 8 Mar 2010
Date Written: November 6, 2009
Forum selection and arbitration clauses are a mainstay of international commercial agreements. Contracting parties often negotiate and insert a clause specifying either the chosen forum for adjudicating any disputes arising from the contractual relationship, or agreeing to arbitrate the dispute.
This paper will briefly explore the implications of promoting a social contract model for advancing and adjudicating international human rights claims in Canada from the perspective of the differing judicial approaches to the enforceability of forum selection and arbitration clauses.
Keywords: access to justice, arbitration, arbitration clause, conflict of laws, forum non ,conveniens, forum selection clause, international litigation, international human rights, jurisdiction, jus cogens, litigation, state immunity, torture, universal jurisdiction
JEL Classification: K33, K41
Suggested Citation: Suggested Citation