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Charting a Functionalist Business-Centred Approach to Sustainable Development Goal 16.3 Through Business-to-Business Arbitration

  • Dorcas O. Taiwo EMAIL logo
Published/Copyright: February 14, 2025

Abstract

The aim of this article is to establish a link between business-to-business arbitration and sustainable development, and to demonstrate the potential impact of a functionalist business-centred approach to this relationship. While the United Nations Sustainable Development Agenda 2030 acknowledges the importance of civil access to justice for sustainable development, it does not fully define access to justice, thereby leaving open to interpretation what types of alternative dispute resolution mechanisms Agenda 2030 envisages, and which parties should have access to them. Building on Cappelletti and Garth’s work on waves of access to justice, the article proposes a ‘functionalist business-centred approach’ to access to justice. Using legal functionalism, this article argues for a novel interpretation of access to justice in the sustainable development discourse that would expressly include business-to-business arbitration as a civil justice institution on the premise that without business-to-business arbitration, access to justice as a sustainable development goal as expressed in SDG 16.3 cannot be fully actualised.


Corresponding author: Dorcas O. Taiwo, Essex Law School, University of Essex, Wivenhoe Park, Colchester, CO4 3SQ, UK, E-mail:
The author is grateful to Professor Onyeka Osuji and Dr. Jessica Lawrence for their commitment to reviewing drafts of this paper, and to the anonymous reviewer whose contribution was invaluable.

References

Access to Justice Interim Report to the Lord Chancellor on the Civil Justice System in England and Wales (1995) commissioned in April 1994 by Lord Mackay of Clashfern.Search in Google Scholar

African Charter on Human and Peoples’ Rights 1981.Search in Google Scholar

Agarwal, Namit, Uwe Gneiting, and Ruth Mhlanga. 2017. Raising the Bar: Rethinking the Role of Business in the Sustainable Development Goals. Oxfam Discussion Papers. https://www-cdn.oxfam.org/s3fs-public/dp-raising-the-bar-business-sdgs-130217-en_0.pdf (Accessed September 26, 2022).Search in Google Scholar

Agrast, Mark David, et al.. WJP Rule of Law Index® 2012-2013, 27. Washington, D.C.: The World Justice Project. https://worldjusticeproject.org/sites/default/files/wjproli2012-web.pdf (Accessed August 7, 2022).Search in Google Scholar

Argentinian Ley de Arbitraje Comercial Internacional (International Commercial Arbitration Act) 2018.Search in Google Scholar

Beqiraj, Julinda, and Lawrence McNamara. 2014. International Access to Justice: Barriers and Solutions. Bingham Centre for the Rule of Law Report 02/2014. International Bar Association.Search in Google Scholar

Beqiraj, Julinda, Future Perfect: Measuring Access to Justice in the Post-2015 Development Framework, Public Law (2016).Search in Google Scholar

Bingham, Lord Thomas. 2010. The Rule of Law. Penguin Books.Search in Google Scholar

Blackaby, Nigel, Constantine Partasides, Alan Redfern, and Martin Hunter. 2015. Redfern and Hunter on International Arbitration, 6th ed. Oxford University Press.10.1093/law/9780198714248.001.0001Search in Google Scholar

Blackaby, Nigel, Constantine Partasides, and Alan Redfern. 2022. Redfern and Hunter on International Arbitration, 7th ed. Oxford University Press.10.1093/law/9780192869906.001.0001Search in Google Scholar

Blake, Susan, and Stuart Sime. 2011. A Practical Approach to Alternative Dispute Resolution. Oxford University Press.Search in Google Scholar

Blake, Susan, Julie Browne, and Stuart Sime. 2018. A Practical Approach to Alternative Dispute Resolution, 5th ed. Oxford University Press.10.1093/he/9780198823094.001.0001Search in Google Scholar

Blowfield, Michael, and Catherine Dolan. 2014. “Business as a Development Agent: Evidence of Possibility and Improbability.” Third World Quarterly (1): 35.10.1080/01436597.2013.868982Search in Google Scholar

Born, Gary B. 2012. International Arbitration: Law and Practice. The Netherlands: Kluwer Law International BV.Search in Google Scholar

Brundtland, Harlem G. 1987. Our Common Future: Report of the World Commission on Environment and Development. Geneva: United Nations General Assembly Document A/42/427.Search in Google Scholar

C v D [2021] HKCFI 1474.Search in Google Scholar

Cappelletti, Mauro, and Bryant Garth, eds. 1978. Access to Justice. Giuffrè; Sijthoff and Noordhoff.Search in Google Scholar

Cappelletti, Mauro, and Bryant Garth. 1978. “Access to Justice: The Newest Wave in the Worldwide Movement to Make Rights Effective.” Buffalo Law Review (2): 27.Search in Google Scholar

Cappelletti, Mauro, and Bryan Garth. 1981. “Access to Justice and the Welfare State: An Introduction.” In Access to Justice and the Welfare State, edited by Mauro Cappelletti, and Bryant Garth. EUI.Search in Google Scholar

Cappelletti, Mauro, and Bryant Garth, eds. 1981. Access to Justice and the Welfare State. EUI.Search in Google Scholar

Case of Regent Company v Ukraine, Application No 773/03 (April 3, 2008).Search in Google Scholar

Centre for International Legal Cooperation. The Hague Rules on Business and Human Rights Arbitration: Questions and Answers. https://www.cilc.nl/cms/wp-content/uploads/2021/05/QA-The-Hague-Rules.pdf (Accessed August 18, 2023).Search in Google Scholar

Centre for International Legal Cooperation. 2019. The Hague Rules on Business and Human Rights Arbitration. https://www.cilc.nl/cms/wp-content/uploads/2019/12/The-Hague-Rules-on-Business-and-Human-Rights-Arbitration_CILC-digital-version.pdf (Accessed August 18, 2023).Search in Google Scholar

Chaara, Imane, Jean-Benoit Falisse, and Julien Moriceau. 2022. “Does Legal Aid Improve Access to Justice in ‘Fragile’ Settings? Evidence from Burundi.” Journal of Peace Research (6): 59.10.1177/00223433211055633Search in Google Scholar

Charles River Associates. Arbitration in Toronto: An Economic Study (Charles River Associates, September 6, 2012, CRA Project No. M11680-03) http://www.crai.co.uk/publication/arbitration-toronto-economic-study (Accessed May 18, 2024).Search in Google Scholar

Charter of Fundamental Rights of the European Union (2012/C 326/02).Search in Google Scholar

Cohen, Felix S. 1960. The Legal Conscience: Selected Papers. Yale University Press.Search in Google Scholar

Commission on Legal Empowerment of the Poor and United Nations Development Programme. 2008. Making the Law Work for Everyone, Vol. II. New York: UNDP.Search in Google Scholar

Competition and Markets Authority. 2015. Productivity and Competition: A Summary of the Evidence.Search in Google Scholar

Convention for the Protection of Human Rights and Fundamental Freedoms (the European Human Rights Convention) (Rane, November 4, 1950; TS 71 (1953); Cmd 8969).Search in Google Scholar

Convention on International Access to Justice no. 26112 concluded at the Hague on October 25, 1980.Search in Google Scholar

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Nations Treaty Series (1959), vol. 330, p. 38, no. 4739.Search in Google Scholar

Coppee Levalin NV v Ken-Ren Fertlisers and Chemicals [1994] 2 Lloyd’s Rep 109 (HL).Search in Google Scholar

Council of Europe. 2019-2022. Women’s Access to Justice: Delivering on the Istanbul Convention and other European Gender Equality Standards in the Eastern Partnership Countries. https://www.coe.int/en/web/genderequality/strengthening-access-to-justice-for-women-victims-of-violence-2019-2021- (Accessed August 25, 2022).Search in Google Scholar

Creutzfeldt, Naomi, Chris Gill, Marine Cornelis, and Rachel McPherson. 2021. Access to Justice for Vulnerable and Energy-Poor Consumers: Just Energy? Hart Publishing.10.5040/9781509939466Search in Google Scholar

Currie, Ab. 2006. “A National Survey of the Civil Justice Problems of Low- and Moderate-Income Canadians: Incidence and Patterns.” International Journal of the Legal Profession: 3.10.1080/09695950701192194Search in Google Scholar

Delgado-Ceballos, Javier, Natalia Ortiz-De-Mandojana, and Ivan Montiel. 2023. “Connecting the Sustainable Development Goals to Firm-Level Sustainability and ESG Factors: The Need for Double Materiality.” Business Research Quarterly (1): 26.10.1177/23409444221140919Search in Google Scholar

Deweer v Belgium Application No 6903/75, [1980] ECHR 1 (February 27, 1980).Search in Google Scholar

Durkheim, Emile, (translated by George Simpson), 1963. The Division of Labour in Society. New York: Collier Macmillan.Search in Google Scholar

English Arbitration Act 1996.Search in Google Scholar

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38.Search in Google Scholar

European Commission, Business-to-Business Alternative Dispute Resolution in the EU (Flash Eurobarometer 347, November 2012).Search in Google Scholar

European Union Agency for Fundamental Rights and Council of Europe. 2016. Handbook on European Law Relating to Access to Justice. Luxembourg: Publications Office of the European Union.Search in Google Scholar

European Union Agency for Fundamental Rights. 2011. Access to Justice in Europe: An Overview of Challenges and Opportunities. Luxembourg: Publications Office of the European Union. https://fra.europa.eu/en/publication/2011/access-justice-europe-overview-challenges-and-opportunities (Accessed August 7, 2022).Search in Google Scholar

Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm).Search in Google Scholar

Financial Conduct Authority. “How to Complain.” https://www.financial-ombudsman.org.uk/consumers/how-to-complain (Accessed July 22, 2024).Search in Google Scholar

Fiona Trust Corp v Privalov & Ors [2007] 4 All ER 951.Search in Google Scholar

Francioni, Francesco. 2007. “The Rights of Access to Justice under Customary Law.” In Access to Justice as a Human Right, edited by Francesco Francioni. Oxford University Press.10.1093/acprof:oso/9780199233083.001.0001Search in Google Scholar

Francioni, Francesco. 2009. “Access to Justice, Denial of Justice, and International Investment Law.” In Human Rights in International Investment Law and Arbitration, edited by Dupuy Pierre-Marie, Petersmann Ernst-Ulrich, and Francesco Francioni. Oxford University Press.10.1093/acprof:oso/9780199578184.003.0003Search in Google Scholar

French, Duncan, The Global Goals: Formalism Foregone, Contested Legality and ‘Re-Imaginings’ of International Law, Ethiopian Yearbook of International Law (2017).10.1007/978-3-319-55898-1_7Search in Google Scholar

Friedman, Lawrence M. 2010. “Access to Justice: Some Historical Comments.” Fordham Urban Law Journal: 37.Search in Google Scholar

Gaillard, Emmanuel. 2012. “The Present – Commercial Arbitration as a Transnational System of Justice.” In Arbitration: The Next Fifty Years, edited by Albert Jan van den Berg. Kluwer Law International.Search in Google Scholar

Galanter, Marc, and Jayanth K. Krishnan. 2004. ““Bread for the Poor”: Access to Justice and the Rights of the Needy in India.” Hastings Law Journal: 55.Search in Google Scholar

Genn, Hazel. 1999. Paths to Justice: What People Do and Think about Going to Law. Bloomsbury Publishing.Search in Google Scholar

Genn, Hazel. 2010. Judging Civil Justice. Cambridge University Press.10.1017/CBO9781139192378Search in Google Scholar

Genn, Hazel. 2012. “What is Civil Justice for? Reform, ADR, and Access to Justice?” Yale Journal of Law and the Humanities: 24.Search in Google Scholar

Ghanaian Alternative Dispute Resolution Act 2010.Search in Google Scholar

Gillespie, Alisdair, and Siobhan Weare. 2023. “Funding Access to Justice.” In The English Legal System. 9th ed., edited by Alisdair Gillespie, and S. Weare. Oxford University Press.10.1093/he/9780198889632.001.0001Search in Google Scholar

Global Arbitration Review, GAR – CIArb Seat Index (November 15, 2018), https://globalarbitrationreview.com/survey/gar-ciarb-seat-index/2020 (Accessed July 10, 2023).Search in Google Scholar

Golden Strait Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] 2 UKHL 12.Search in Google Scholar

Googins, Bradley, and Steven Rochlin. 2000. “Creating the Partnership Society: Understanding the Rhetoric and Reality of Cross-Sectoral Partnerships.” Business and Society Review (1): 105.10.1111/0045-3609.00068Search in Google Scholar

Government of Dubai. Dubai 9-month GDP Grows by 4.6 Per Cent https://mediaoffice.ae/en/news/2022/December/12-12/hamdan-bin-mohammed (Accessed August 20, 2023).Search in Google Scholar

Graafland, Johan, Niels Noorderhaven, and Technological Competition. 2019. “Innovation Motive and Corporate Social Responsibility: Evidence from Top Managers of European SMEs.” De Economist (1): 168.10.1007/s10645-019-09351-zSearch in Google Scholar

Hale, Thomas. 2014. “What is the Effect on Commercial Arbitration on Trade?” In International Arbitration and Global Governance: Contending Theories and Evidence, edited by Walter Mattli, and Thomas Dietz. Oxford University Press.10.1093/acprof:oso/9780198716723.003.0008Search in Google Scholar

Heenan, Anna. 2021. “Haley v Haley: Family Law Arbitration and the New Frontier of Private Ordering.” Modern Law Review (4): 84.10.1111/1468-2230.12638Search in Google Scholar

Hober, Kaj, and Annette Magnusson. 2008. “The Special State of Agreements to Arbitrate - The Separability Doctrine: Mandatory Stay of Litigation.” Dispute Resolution International: 2.Search in Google Scholar

Holtzmann, Howard M., and Joseph E Neuhaus. 1999. A Guide to the UNCITRAL Model Law on International Commercial Arbitration. Kluwer Law International.Search in Google Scholar

Hurter, Estelle. 2011. “Access to Justice: To Dream the Impossible Dream?” International Law Journal of Southern Africa (3): 44.Search in Google Scholar

International Bank for Reconstruction and Development. 2012. The World Bank: New Directions in Justice Reform – A Companion Piece to the Updated Strategy and Implementation Plan on Strengthening Governance, Tackling Corruption. Washington. http://documents.worldbank.org/curated/en/928641468338516754/pdf/706400REPLACEM0Justice0Reform0Final.pdf (Accessed August 22, 2022).Search in Google Scholar

JTI Polska sp z oo v Jakubowski [2023] UKSC 19.Search in Google Scholar

Koo, Anna K. C. 2018. “The Role of the English Courts in Alternative Dispute Resolution.” Legal Studies (4): 38.10.1017/lst.2018.13Search in Google Scholar

Lazareff, Serge. 2005. “L’arbitre singe ou comment assassiner l’arbitrage.” In Global Reflections in International Law, Commerce and Dispute Resolution: Liber in Honour of Robert Briner, edited by Gerald Aksen, and Robert Briner. Paris: ICC Publishing.Search in Google Scholar

Legal and Advice Services: A Pathway out of Social Exclusion (Joint Report by Lord Chancellor’s Department and Law Centres Federation, 2001).Search in Google Scholar

Lindsey, Jaime. 2022. Reimagining the Court of Protection: Access to Justice in Mental Capacity Law. Cambridge University Press.10.1017/9781108993203Search in Google Scholar

Llewellyn, Karl. 1940. “The Normative, the Legal and the Law Jobs: The Problem of Juristic Method.” Yale Law Journal: 49.10.2307/792545Search in Google Scholar

Lord Woolf. 1996. Access to Justice Final Report. Crown Copyright.Search in Google Scholar

Lucy, William. 2020. “Access to Justice and the Rule of Law.” Oxford Journal of Legal Studies 2: 40.10.1093/ojls/gqaa012Search in Google Scholar

MacCarthy, Bart L., C. Blome, J. Olhager, J. S. Srai, and X. Zhao. 2016. “Supply Chain Evolution – Theory, Concepts and Science.” International Journal of Operations and Production Management (12): 36.10.1108/IJOPM-02-2016-0080Search in Google Scholar

Manyika, James, M. Birshan, S. Smit, L. Woetzel, K. Russell, and L. Purcell. 2021. A New Look at How Corporations Impact the Economy and Households. McKinsey Global Institute Discussion Paper.Search in Google Scholar

McGregor, Lorna. 2015. “Alternative Dispute Resolution and Human Rights: Developing a Rights Based Approach through the ECHR.” European Journal of International Law (3): 26.10.1093/ejil/chv039Search in Google Scholar

McKay, Leanne. 2015. Toward a Rule of Law Culture: Exploring Effective Responses to Justice and Security Challenges - A Practical Guide. Washington: United States Institute of Peace.Search in Google Scholar

Menon, Sundaresh. 2021. “Arbitration’s Blade: International Arbitration and the Rule of Law.” Journal of International Arbitration (1): 38.10.54648/JOIA2021001Search in Google Scholar

Merck Canada Inc. v Accord Healthcare Ltd and others Case C-555/13, February 20, 2014.Search in Google Scholar

Merrills, John. 2017. International Dispute Settlement. Cambridge University Press.10.1017/9781316683149Search in Google Scholar

Methanex Motunui Ltd v Spellman [2004] 1 NZLR 95.Search in Google Scholar

Michaels, Ralf. 2019. “The Functional Method of Comparative Law.” In The Oxford Handbook of Comparative Law. 2nd ed., edited by M. Reimann, and R. Zimmermann. Oxford: Oxford University Press.10.1093/oxfordhb/9780198810230.013.11Search in Google Scholar

Miklian, Jason. 2019. “The Role of Business in Sustainable Development and Peacebuilding: Observing Interaction Effects.” Business and Politics (4): 21.10.1017/bap.2019.28Search in Google Scholar

Mnookin, Robert H., and Lewis Kornhauser. 1979. “Bargaining in the Shadow of the Law: The Case of Divorce.” Yale Law Journal: 88.10.2307/795824Search in Google Scholar

Mozambique v Privinvest [2023] UKSC 32.Search in Google Scholar

Neuberger, Lord. 2010. Equity, ADR, Arbitration and the Law: Different Dimensions of Justice, Keating lecture. Lincoln’s Inn.Search in Google Scholar

New York Arbitration Convention, Contracting States, https://www.newyorkconvention.org/countries (Accessed October 10, 2023).Search in Google Scholar

Nigerian Arbitration and Mediation Act 2023.Search in Google Scholar

Northern Regional Health Authority v Derek Crouch Construction Company Ltd [1984] 1 QB 644.Search in Google Scholar

Nylund, Anna. 2014. “Access to Justice: Is ADR a Help of Hindrance?” In The Future of Civil Litigation – Access to Courts and Court-Annexed Mediation in the Nordic Countries, edited by Laura Ervo, and Anna Nylund. Springer Cham.10.1007/978-3-319-04465-1_16Search in Google Scholar

Olawuyi, Damilola. 2013. “Aguan Biogas Project and the Government of the United Kingdom: Legal and International Human Rights Assessment.” Queen Mary Law Journal (3): 4.10.15742/ilrev.v3n3.39Search in Google Scholar

Oliveira, Leonardo VP de, and Sara Hourani, eds. 2021. Access to Justice in Arbitration: Concept, Context and Practice. Kluwer Law International.Search in Google Scholar

Organisation for Economic Co-operation and Development and Open Society Foundations. Legal Needs Surveys and Access to Justice. https://www.oecd-ilibrary.org/governance/legal-needs-surveys-and-access-to-justice_g2g9a36c-en (Accessed January 20, 2024).Search in Google Scholar

Organisation for Economic Co-operation and Development and Open Society Foundations. Understanding Effective Access to Justice, Workshop Background Paper held November 3-4, 2016, at OECD Conference Centre Paris. https://www.oecd.org/gov/Understanding-effective-access-justice-workshop-paper-final.pdf (Accessed January 20, 2024).Search in Google Scholar

Organisation for Economic Cooperation and Development. 2002. Foreign Direct Investment for Development: Maximising Benefits, Minimising Costs. Paris: OECD.Search in Google Scholar

Organisation for Economic Co-operation and Development. 2019. “Designing People-Centred Legal and Justice Services.”. Equal Access to Justice for Inclusive Growth. Paris: OECD Publishing.Search in Google Scholar

Organisation for Economic Co-operation and Development. 2019. Equal Access to Justice for Inclusive Growth: Putting People at the Centre. Paris: OECD Publishing.Search in Google Scholar

Organisation for Economic Co-operation and Development. 2021. “The Role of the Business Sector with Respect to the SDGs.”. Industrial Policy for the Sustainable Development Goal: Increasing the Private Sector’s Contribution. Paris: OECD Publishing.Search in Google Scholar

Organisation for Economic Co-operation and Development. 2022. Corporate Tax Statistics, 4th ed. OECD.Search in Google Scholar

Organisation for Economic Co-operation and Development, Building a Business Case for Access to Justice (An OECD White Paper in collaboration with the World Justice Project).Search in Google Scholar

Organisation for Economic Co-operation and Development. 2016. Leveraging the SDGs for Inclusive Growth: Delivering Access to Justice for All. OECD – Open Society Foundations. https://globalprotectioncluster.org/sites/default/files/2022-09/2016.oecd_osf_delivering-access-to-justice-for-all_0.pdf (Accessed September 22, 2022).Search in Google Scholar

Organization for Economic Co-operation and Development. 2018. Multinational Enterprises in the Global Economy. https://www.oecd.org/industry/ind/MNEs-in-the-global-economy-policy-note.pdf (Accessed August 15, 2023).Search in Google Scholar

Pagel, Mark, and Zhaohui Wu. 2009. “Building a More Complete Theory of Sustainable Supply Chain Management Using Case Studies of 10 Exemplars.” Journal of Supply Chain Management (2): 45.10.1111/j.1745-493X.2009.03162.xSearch in Google Scholar

Paniagua, Jordi. 2021. The Economic Impact of International Commercial Arbitration, paper presented at the 3rd Regional Integration Arbitration Conference. Sydney. https://events.development.asia/system/files/materials/2021/03/202103-jordi-paniagua-presentation.pdf (Accessed November 18, 2022).Search in Google Scholar

Pathfinders for Peaceful, Just and Inclusive Societies. 2019. Hague Declaration on Equal Access to Justice for All by 2030. https://www.sdg16.plus/resources/hague-declaration-on-equal-access-to-justice-for-all-by-2030/ (Accessed October 25, 2023).Search in Google Scholar

Placito v Slater [2003] EWCA Civ 1863; [2004] 1 WLR 1605.Search in Google Scholar

Pleasence, Pascoe, Nigel J Balmer, and Rebecca L Sandefur. 2013. Paths to Justice: A Past, Present and Future. UCL Centre for Empirical Legal Studies. https://www.nuffieldfoundation.org/sites/default/files/files/PTJ%20Roadmap%20NUFFIELD%20Published.pdf (Accessed January 20, 2024).Search in Google Scholar

Pound, Roscoe. 1942. Social Control through Law. Yale University Press.10.2307/824534Search in Google Scholar

Pound, Roscoe. 1959. Jurisprudence. West Publishing Company.Search in Google Scholar

President of the General Assembly’s High-level event on the Contributions of Human Rights and the Rule of Law in the Post-2015 Development Agenda, Background Note (June 9-10, 2014).Search in Google Scholar

Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, Document 52022PC0071, COM/2022/71 final.Search in Google Scholar

Proposal for a Regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market Document 52022PC0453, COM/2022/453 final.Search in Google Scholar

R v Lord Chancellor ex parte Witham [1998] QB 575.Search in Google Scholar

R v Secretary of State for the Home Department ex parte Leech (no 2) [1994] QB 198.Search in Google Scholar

Rass-Masson, Nathy, and Virginie Rouas. 2017. Effective Access to Justice. Directorate General for Internal Policies, Policy Department C: Citizens’ Rights and Constitutional Affairs, European Union.Search in Google Scholar

Raz, Joseph. 1973. “On the Functions of Law.” In Oxford Essays in Jurisprudence, Second Series, edited by A.W. Brian Simpson. Oxford: Clarendon Press.Search in Google Scholar

Regulation (EU) 2017/821 of the European Parliament and of the Council of May 17, 2017, Document 02017R0821-20201119.Search in Google Scholar

Reisman, W. Michael, W. Laurence Craig, William Park, and Jan Paulsson. 2015. International Commercial Arbitration, 2nd ed. Foundation Press.Search in Google Scholar

Report of the World Commission on Environment and Development: Our Common Future (Brundtland Report, Oslo, March 20, 1987).Search in Google Scholar

School of International Arbitration, Queen Mary University of London and White & Case. 2018. International Arbitration Survey: The Evolution of International Arbitration. http://www.arbitration.qmul.ac.uk/research/2018/ (Accessed August 20, 2023).Search in Google Scholar

Shift, Business, Human Rights and the Sustainable Development Goals: Forging a Coherent Vision and Strategy, a paper commissioned by the Business and Sustainable Development Commission (November 2016), https://s3.amazonaws.com/aws-bsdc/BSDC-Biz-HumanRights-SDGs.pdf (Accessed July 16, 2023).Search in Google Scholar

Simoes, Fernando Dias. 2014. Commercial Arbitration between China and the Portuguese-Speaking World. Kluwer Law International.Search in Google Scholar

Goode, Sir Roy, and Ewan McKendrick, eds. 2010. Goode on Commercial Law. 4th ed. Penguin.Search in Google Scholar

Soleimany v Soleimany [1999] QB 785.Search in Google Scholar

Sorabji, John. 2014. English Civil Justice after the Woolf and Jackson Reforms: A Critical Analysis. Cambridge University Press.10.1017/CBO9781107280113Search in Google Scholar

Summers, Robert S., and Charles G. Howard. 1972. Law, Its Nature, Functions and Limits, 2nd ed. Prentice-Hall.Search in Google Scholar

Tamanaha, Brian Z. 2011. “The Primacy of Society and the Failures of Law and Development.” Cornell International Law Journal (2): 44.Search in Google Scholar

The Bar Council. 2022. Access Denied: The State of the Justice System in England and Wales in 2022. https://www.barcouncil.org.uk/static/88a28ac3-5866-4d73-99ecb9b05c03c815/2beb064f-0c2c-4408-aa037090e489c45e/Bar-Council-Access-denied-November-2022.pdf (Accessed January 28, 2024).Search in Google Scholar

The Commonwealth Office of Civil and Criminal Justice Reform. 2020. A Study of International Commercial Arbitration in the Commonwealth. https://thecommonwealth.org/news/arbitration-study-urges-countries-not-lose-foreign-investment-and-trade (Accessed August 23, 2023).Search in Google Scholar

The World Bank. 2005. World Development Report 2006: Equity and Development. The World Bank and Oxford University Press.Search in Google Scholar

Towers, Brian, and William A. Brown. 2000. Employment Relations in Britain: 25 Years of the Advisory, Conciliation and Arbitration Service. Oxford: Blackwell.Search in Google Scholar

Treaty on the Functioning of the European Union of December 13, 2007, entering into force on December 1, 2009.Search in Google Scholar

Tweeddale, Andrew, and Keren Tweeddale. 2007. Arbitration of Commercial Disputes: International and English Law and Practice. Oxford University Press.Search in Google Scholar

UNCITRAL Model Law on International Commercial Arbitration, 1985 UN doc. A/40/17 as adopted on June 21, 1985, and amended in 2006.Search in Google Scholar

United Kingdom Human Rights Act 1998.Search in Google Scholar

United Nations Development Program. 2005. Programming for Justice: Access for All – A Practitioner’s Guide to a Human-Right-Based Approach to Access to Justice. Bangkok: UNDP.Search in Google Scholar

United Nations Economic and Social Council, Report of the Inter-Agency and Expert Group on Sustainable Development Goal Indicators (UN Doc. E/CN.3/2020/2).Search in Google Scholar

United Nations Economic Commission for Europe Convention on Access to Information. 1998. Public Participation in Decision-Making and Access to Justice in Environmental Matters. Aarhus Convention.Search in Google Scholar

United Nations General Assembly, International Covenant on Civil and Political Rights, Resolution adopted by the General Assembly, 2200A (XXI) 999 UNTS 171, December 16, 1966, and in force from March 23, 1976.Search in Google Scholar

United Nations General Assembly, Transforming our World: the 2030 Agenda for Sustainable Development UN Doc. A/RES/70/1 adopted by the seventieth session of the United Nations General Assembly on September 25, 2015.Search in Google Scholar

United Nations General Assembly, Universal Declaration of Human Rights, Resolution 217, December 10, 1948.Search in Google Scholar

United Nations General Assembly, Guiding Principles on Business and Human Rights, Resolution adopted by the Human Rights Council, A/HRC/RES/17/4 (June 16, 2011).Search in Google Scholar

United Nations General Assembly, “Declaration of the High-Level Meeting of the General Assembly on the Rule of Law at the National and International Levels” (Sixty-seventh session A/RES/67/1, November 30, 2012).Search in Google Scholar

United Nations General Assembly, United Nations Millennium Declaration, Resolution adopted by the General Assembly, A/RES/55/2, September 18, 2000.Search in Google Scholar

United Nations High Level Political Forum on Sustainable Development. Major Groups and other Stakeholders. https://hlpf.un.org/mgos/business-and-industry (Accessed August 20, 2024).Search in Google Scholar

United Nations Inter-agency and Expert Group on Sustainable Development Goals. 2020 Comprehensive Review Proposals Submitted to the 51st session of the United Nations Statistical Commission for its Consideration. https://unstats.un.org/sdgs/iaeg-sdgs/2020-comprev/UNSC-proposal/ (Accessed August 25, 2024).Search in Google Scholar

United Nations Secretary General. 2015. Secretary-General’s Remarks at the United Nations Private Sector Forum. New York. https://www.un.org/sg/en/content/sg/statement/2015-09-26/secretary-generals-remarks-united-nations-private-sector-forum (Accessed September 26, 2022).Search in Google Scholar

United Nations. 2024. Summit of the Future Outcome Document. https://www.un.org/en/summit-of-the-future (Accessed October 1, 2024).Search in Google Scholar

United Nations, Addis Ababa Action Agenda of the Third International Conference on Financing for Development (Addis Ababa, Ethiopia, July 13-16, 2015) and endorsed by the General Assembly in its resolution 69/313 of July 27, 2015.Search in Google Scholar

van Velthoven, Ben, and Marijke Ter Voert. 2004. Paths to Justice in the Netherlands: Looking for Signs of Social Exclusion. Leiden University. https://scholarlypublications.universiteitleiden.nl/handle/1887/15793 (Accessed August 20, 2024).Search in Google Scholar

van de Meene, I., and B. van Rooij. 2008. Access to Justice and Legal Empowerment: Making the Poor Central in Legal Development Cooperation. Leiden University Press.Search in Google Scholar

Wallgren, Carita. 2006. “ADR and Business.” In ADR in Business and Issues across Countries and Cultures, edited by Jean-Claude Goldsmith, A. Ingen-Housz, and Gerald H. Pointon. Kluwer Law International.Search in Google Scholar

Whitehouse, Gillian. 2004. “From Family Wage to Parental Leave: The Changing Relationship between Arbitration and the Family.” Journal of Industrial Relations (4): 46.10.1111/j.0022-1856.2004.00150.xSearch in Google Scholar

Woody, Karen E. 2012. “Conflict Minerals Legislation: The SEC’s New Role as Diplomatic and Humanitarian Watchdog.” Fordham Law Review (3): 81.10.2139/ssrn.2182025Search in Google Scholar

World Bank. Small and Medium Enterprises (SMEs) Finance: Improving SMEs’ Access to Finance and Finding Innovative Solutions to Unlock Sources of Capital. https://www.worldbank.org/en/topic/smefinance (Accessed August 15, 2023).Search in Google Scholar

World Justice Project. 2019. Measuring the Justice Gap: A People-Centered Assessment of Unmet Justice Needs around the World. Task Force on Justice, background paper.Search in Google Scholar

World Meteorological Organization. 2023. Climate Change Undermines Nearly All Sustainable Development Goals. Geneva. https://wmo.int/news/media-centre/climate-change-undermines-nearly-all-sustainable-development-goals (Accessed May 1, 2023).Search in Google Scholar

Zimmerman, Nourit, and Tom R. Tyler. 2010. “Between Access to Counsel and Access to Justice: A Psychological Perspective.” Fordham Urban Law Journal: 37.Search in Google Scholar

Zweigert, Konrad, and Hein Kötz. 1998. An Introduction to Comparative Law, 3rd ed. Oxford: Oxford University Press.Search in Google Scholar

Received: 2024-11-07
Accepted: 2025-01-09
Published Online: 2025-02-14

© 2025 Walter de Gruyter GmbH, Berlin/Boston

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