The Law Firm’s participation in the panel discussion on the interaction of investment arbitration with the regimes of human rights protection
27 March 2014
On 27 March 2014 there was held an open panel discussion on the relation of investment arbitration and the regime of human rights protection. KKG partner Kamil Zawicki, attorney- at-law, head of the Dispute Resolution Section of the Allerhand Institute, provided the introduction for the discussion as well as presented closing remarks.
In the first part, the discussion focused on two issues: (1) linking human rights with investment arbitration and (2) human rights and international standards of investment and investor protection.
After a short break, a discussion began on whether and how it is possible to invoke human rights in investment arbitration in absence of a reference to them in the BIT (Bilateral Investment Treaty). Then the panelists attempted to find answer to the question as to whom belong the human rights in investment arbitration?
In the end, it was considered whether the investor has a duty to guard human rights and whether the investor is obligated to adhere to human rights under the clean hands doctrine. The panel discussion was the perfect opportunity to exchange opinions by persons handling investment arbitration and human rights in Poland’s main academic centres and the leading Polish law offices. It should also be noted that the organizers plan to prepare a report which will include detailed texts of all of the abovementioned presentations. The next meeting touching upon the topic of arbitration will be the [Allerhand] Litigation & ADR Summit, which will be held on 20 May 2014.