Legal Studies Research Paper Series Vol. 7, No. 9

The Faculty has published Volume 7 Number 9 of the University of Cambridge Faculty of Law Legal Studies Research Paper Series on SSRN.

This issue includes the following articles:

Michael Waibel: Arbitrator Selection – Towards Greater State Control (30/2016)

Two defining characteristics of international arbitration are the absence of a standing tribunal and the selection of the adjudicators by the disputing parties. Investment arbitral tribunals are constituted for particular cases with decision-makers appointed for one particular dispute only by the disputing parties directly, or in accordance with their agreement. This chapter focuses on the formal and informal rules for nominating arbitrators, how the parties and arbitral institutions choose arbitrators in practice, the patterns of arbitral appointment that these rules produce, and possible avenues for reform. The main question is how parties and arbitral institutions select arbitrators to serve on arbitral tribunals.

Peter Turner: Equitable Doctrines in Business Associations (32/2016)

The conjunction of the equity and business activity can be a sensitive one. A business must be able to derive a sufficient margin of profit from its commercial activities to be a sustainable organisation. The allocation of power among the parties to the organisation must be stable and clear. And the organisation must be adaptable to commercial conditions that often quickly change. Flexibility and certainty are necessary. All these things can be hampered by equitable doctrines and remedies. Yet the system of judge-made equity has made extensive contributions to the nature and operation of business associations – especially limited liability companies and “common law” partnerships, as this paper shows. When misapplied, equity can hamper business activity – as can the misapplication of any law. But in the creation and working of business associations, the predominant character of equity is facilitative. Equitable doctrines and remedies have been, and are, strongly effective means of achieving desired ends through the operation of business associations.

Brian Sloan: The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland (34/2016)

This chapter demonstrates that the extent of recent reform to Irish family law and the prospects for more in the immediate future are little short of remarkable. It begins with an account of the recognition of horizontal relationships between opposite-sex and same-sex couples who wish to formalise their relationships, and of those between couples of all gender combinations whose associations remain informal. It then evaluates Irish law’s current and proposed future treatment of the vertical relationships between fathers not married to the mother of their children and those children, before examining its as yet incomplete accommodation of individuals wishing to have their preferred gender legally recognised.

David Erdos: Statutory Regulation of Professional Journalism Under European Data Protection: Down But Not Out? (35/2016)

European data protection aims to protect the privacy and related rights of individuals, purposes which come into tension with the free speech of professional journalism. Moreover, statutory Data Protection Authorities (DPAs) act as the ‘guardians’ of the data protection framework across the European Economic Area. In light of this, this article explores through both a DPA questionnaire and a DPA website review the enforcement efforts of these critical regulators in this sector. The results indicate that, notwithstanding stringent statutory provisions enforceable by DPAs in many Member States, activity has been patchy even in areas which raise limited free speech concern (e.g. action against significant inaccuracy). Nevertheless, many DPAs do engage in this area especially when sensitive or importantly confidential information is involved. The stringency of local law also positively correlates with the extent of enforcement, whilst the level of resourcing surprisingly does not. The article proposes action by both Member States and DPAs to ensure more regulatory coherence under the forthcoming General Data Protection Regulation.

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