Arbitration for Fair Purchasing Practises - the how, the who, the how much

Textile and apparel producers and other stakeholders have frequently complained of limited options for recourse in the event of unfair purchasing practices (whether it be non-payment or heavy discounts for goods completed, or penalties for late delivery resulting from acts of God). The only viable option is often the law courts, which can be prohibitively expensive and time-consuming.

In this online seminar, we will hear about a potential option whereby suppliers can air complaints related to purchasing behaviour and seek recourse. To date, the fashion industry does not have an arbitration system allowing suppliers to seek recourse from their clients in a way designed to resolve issues prior to taking legal action. Our speakers will outline the differences between grievance mechanisms and arbitration and take attendees through the arbitration process (highlighting differences with a court process, costs, time, the binding nature of decisions, jurisdictional differences, and so forth). The speakers will also discuss already existing arbitration systems for suppliers in other industries and consider how these systems might function in the fashion sector.

SPEAKERS:

Ben Vanpeperstraete
Garment Policy Adviser at Traidcraft Exchange

Ben studied sociology and anthropology at the Université libre de Bruxelles, Belgium. He later worked on the intersection between labour rights, human rights due diligence and international trade, with a focus on the clothing sector. He supported global unions in their work on the legally binding Bangladesh Accord on Fire and Building Safety. He has previously been involved in different roles in several civil society organisations within the fair trade movement were he has engaged in intergovernmental processes related to development, climate, sustainable development and migration.

Patrick Miller
Founding Attorney, P Miller Legal Services

Patrick is an international lawyer concentrating on cross-border commercial issues, with an emphasis on arbitration, mediation and litigation. He has worked in the US, Europe and Asia — spending nearly a decade in South-East Asia focusing on commercial disputes with a large international law firm. He has experience in the energy, manufacturing, and construction sectors, including several projects involving sustainability issues. He has been admitted to the State Bars of California and Florida.