Arbitrating Employment Disputes Involving International Organizations

Abstract

This chapter argues that international arbitration needs to be used more frequently in resolving employment-related disputes of international organizations. Especially in the context of claims against international organizations which tend to possess functional immunities, arbitration can play a significant role in ensuring that individuals raising employment claims against them have access to fair trial-compliant modes of dispute resolution. However, this chapter also submits that any arbitral regime must be implemented in good faith. And crucially, without implementing a robust arbitral framework that takes into account the particularities involved in international administrative dispute resolution, any arbitral mechanism is unlikely to fully yield the inherent advantages of arbitration over litigation before traditional international administrative tribunals. Finally, using the example of the arbitral scheme recently implemented by the Hague Conference on Private International law, this chapter provides a potential blueprint for other international organizations.