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The multi-faceted role of arbitrators is complex and protean. While there is consensus on the fact that the nature of the international arbitrator’s role entails according the arbitrator wide-ranging powers and that the arbitrator also undertakes a panoply of obligations, the scope of these powers and duties is not always well defined.Views about the nature and scope of these powers and duties might diverge depending on whether arbitrators are seen as service providers, justice purveyors, or both. Following a brief overview of this core question, the contribution proceeds to identify the sources of an arbitrator’s powers. Next, the most important duties of international arbitrators, including those pertaining to ethical obligations, the need to ensure due process, the necessity to apply the proper law, the duty to provide a reasoned award, and several others are explored. This contribution also highlights the most important rights of international arbitrators, such as the right to receive good faith cooperation from the parties, as well as the rights to remuneration and immunity, amongst others. Finally, we make some observations on ways in which the rights and duties entailed by the complex mandate of arbitrators can be reconciled in the event of conflict.
Human rights have traditionally been viewed as being of concern to governments only. The BHR discussion challenges this traditional, state-centric view and provides reasons why businesses ought to have human rights responsibilities, too. Such reasons or justifications can be formulated from an ethical, legal, and even a more pragmatic, managerial point of view. From an ethical perspective, the chapter shows why businesses have obligations beyond profit-maximization and why human rights obligations are among such responsibilities. It lays particular emphasis on the power and authority of corporations as a possible foundation. From a legal perspective, the chapter addresses the question of whether multinational corporations have international legal personality and assesses to what extent corporate human rights obligations can be derived from international human rights law. From a pragmatic perspective, the social license to operate and the so-called business case for human rights responsibilty are explored. The chapter concludes with some reflections on general objections against corporate human rights responsibility.