THE Human Rights at Sea Arbitration initiative, a collaboration between UK-based NGO Human Rights at Sea and law firm Shearman & Sterling LLP, has entered a new phase of its work towards the creation of an arbitration-based mechanism to address human rights abuses occurring at sea.
Established in 2020, the Human Rights at Sea Arbitration initiative seeks to establish a standalone, institutional system of international arbitration that is specifically tailored to the sensitivities and complexities of human rights at sea issues.
A central feature of this system is that it will put the enforcement of human rights in the victim’s hands by giving the victim the right to bring claims directly against alleged responsible parties.
After launching its own website in September 2020, the initiative is now turning its attention to creating the first elements of what it is hoped will ultimately become a standalone arbitration system for resolving human rights at sea disputes.
These first elements include a model offer of consent to arbitrate human rights disputes that can be given by states, as well as model arbitration clauses for use in employment and other contracts, both of which are expected to be ready for publication in the first quarter of 2021.
The initiative is also in the process of developing a set of dedicated arbitration rules that could be used for the resolution of human rights at sea issues, for publication later in the year.
Human Rights at Sea CEO, David Hammond, said, “2021 will see significant developments refining this vitally important joint initiative for establishing a new and innovative route to effective remedy for victims of abuse at sea.
Dr Yas Banifatemi, partner at Shearman & Sterling and the firm’s global international arbitration practice group leader, said, “Providing all victims of human rights abuse at sea access to a fair and adapted legal process is our priority.
“The Human Rights at Sea initiative is delighted to embark on this new phase of work and to create the building blocks of a neutral and efficient forum to resolve human rights at sea disputes.”
