Making Rights Matter: The Potential Use and Viability of Digital Arbitration as a Dispute Resolution Mechanism for Employment Contracts of Women Migrant Domestic Workers

Deliberations on Law: Being a Collection of Legal Articles on Issues Important to Sri Lanka, Volume 2, 2019

24 Pages Posted: 20 Jun 2019

Date Written: June 2, 2019

Abstract

This paper proposes digital arbitration as a possible dispute resolution mechanism for providing better access to justice and rule of law for women migrant domestic workers, in the context of enforcing their employment contracts. It is thought best that the proposed mechanism should be made operative within the framework of an international digital platform of justice, established under the auspices of an internationally recognized body, and for the particular purpose of administering justice for women migrant domestic workers and their employers. Modern technology and telecommunication networks are able to increase the speed of operations and reduce costs. Given that women migrant domestic workers lack the finances to pursue international arbitration, it is thought that the use of technology would be of assistance in cutting costs of litigation and making arbitration an affordable means of dispute resolution. It must be noted however, that digital arbitration is only viewed as a single possibility for providing better access to justice and rule of law for women migrant domestic workers and therefore it cannot be considered as a total solution for resolving problems on access to justice and rule of law.

Keywords: Labour Migration, Women Migrant Domestic Workers, Disputes, Employment Contract, Digital Arbitration, Labour Law, Inequality of Bargaining Power

Suggested Citation

Maddumabandara, Mekala, Making Rights Matter: The Potential Use and Viability of Digital Arbitration as a Dispute Resolution Mechanism for Employment Contracts of Women Migrant Domestic Workers (June 2, 2019). Deliberations on Law: Being a Collection of Legal Articles on Issues Important to Sri Lanka, Volume 2, 2019. Available at SSRN: https://ssrn.com/abstract=3403035 or http://dx.doi.org/10.2139/ssrn.3403035

Mekala Maddumabandara (Contact Author)

Independent ( email )

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United States

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