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

See all articles by Antonin I. Pribetic

Antonin I. Pribetic

Ministry of the Attorney General -Crown Law Office -Civil

Date Written: November 6, 2009

Abstract

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

Pribetic, Antonin I., Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights Claims in Canada (November 6, 2009). Available at SSRN: https://ssrn.com/abstract=1501191 or http://dx.doi.org/10.2139/ssrn.1501191

Antonin I. Pribetic (Contact Author)

Ministry of the Attorney General -Crown Law Office -Civil

Ontario
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
193
Abstract Views
1,849
rank
197,209
PlumX Metrics