PROTECTION OF HUMAN RIGHTS IN THE PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION

Kolesnikov Maksim Andreevich

In order to attract foreign investors, the states actually released the former from any obligations, giving them only rights and guarantees. This imbalance in legal regulation was the reason of irresponsible behavior of entrepreneurs, expressed, for example, in carrying out their activities in violation of human rights. International commercial arbitration has played an important role in the formation of approaches to the protection of human rights in the implementation of investment activities, as evidenced by the arbitration awards analyzed by the author. Thus, this institution provided the possibility for states to file counterclaims against investors, in which the former could point to the violation of human rights by the latter, developed the doctrine of “clean hands”, which allows to deprive an unfair entrepreneur of judicial protection. Despite this, the author comes to the conclusion that international commercial arbitration, although it has made a significant contribution to ensuring the protection of human rights, this institution is not effective and efficient. The system of legal regulation of investment relations requires reform by establishing unambiguous obligations of investors in the text of investment treaties, as well as extending the jurisdiction of national courts to disputes related to the protection of human rights.

Keywords:human rights; international commercial arbitration; the doctrine of “clean hands”; international law; soft law.