My New SSRN paper: "Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights Claims in Canada"

I have a new Working paper posted on SSRN entitled:  Litigation or Arbitration? Forum Selection and Arbitration Clauses and the Prospects for Adjudicating International Human Rights Claims in Canada.

Here’s the abstract:
Forum selection and arbitration clauses are a mainstay of international commercial agreements. Contracting parties often negotiate and insert a clause specifying either the chosen forum for adjudicating any disputes arising from the contractual relationship, or agreeing to arbitrate the dispute.

This paper will briefly explore the implications of promoting a social contract model for advancing and adjudicating international human rights claims in Canada from the perspective of the differing judicial approaches to the enforceability of forum selection and arbitration clauses.

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