I am writing a paper on different types of negotiated 'brand' agreements in the garment and footwear industry. One type of course refers to global framework agreements. Although the agreement between IndustriALL and H&M refers to an independent mediator in case of dispute, I was wondering if there are GFAs that do include binding arbitration.
I am not necessarily defending GFAs, just wondering if there GFAs that include binding clauses.
Hi Jeroen
I do not know of any either. It may be useful to look at non-binding arbitration, which is neither mediation nor binding arbitration but sometimes can have an effect. With all modesty, the footnotes in my article on Governing Globalisation might possibly provide some useful references. The article deals mainly with the toy industry, but there are likely to be many similarities. Also look at Naomi Klein's book on brands. Best, Francis
I did found this document useful, p.59-60 provides an overview of mediation and arbitration mechanism, some of which binding. This ISS-UNI agreement states that '... In the event that the parties are unable to resolve a dispute arising out of this global agreement after discussion at the bi-annual meeting as set out in Section 6.3 above, the matter shall be referred to a mutually agreed independent mediator/arbitrator, who shall seek initially a meditated resolution. In the event of failure to reach a mediated resolution the independent party shall propose an arbitrated resolution which shall be binding on both parties.
cited in: Hadwiger, Felix (2016) ‘Global framework agreements: Achieving decent work in global supply chains’, International Labor Office, Geneva.
Here is another dimension of the aforementioned question: if a fourth angel wanted to dance on the head of a pin occupied by three other angels, what arbitration procedures would she/he/it need to follow, if prevented from doing so?
I am "amused" reading that so mush effort has been put into reviewing a set-up that conceivably - if it ever worked - would only affect a small minority of the world's workers, and even worse there is actually no proof whatsoever that - even for this minority - can result in any improvement of living and working conditions. Something has really gone seriously wrong with academic researchers for some years now. Are GFAs some kind of a Ponzi scheme?! A way to justify salaries and built careers on a self-belief in an imaginary, almost mystical arrangement?! ... (WTF is wrong with these people?)
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