Arbitration agreements, governing law and contractual interpretation

by Dr Mark Campbell, University of Bristol Law School

 

This is currently a busy time for the UK Supreme Court when it comes to international commercial arbitration. The Court has recently handed down its judgment in Enka Insaat Ve Sanayi AS v OOO ‘Insurance Company Chubb’ (‘Enka v Chubb’).[1] That judgment followed an expedited appeal from a decision of the Court of Appeal in April 2020.[2] Added to that, there a judgment in Halliburton Co v Chubb Bermuda Insurance Ltd, an important case involving an attempt to remove an arbitrator in the context of non-disclosure.[3] There are also appeals pending in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait)[4]  and General Dynamics United Kingdom Ltd v State of Libya.[5] (more…)

Who’s the Mummy (or Daddy… or Parent)? Trans parents: law, identity and birth registration in England and Wales

Liam Davis is a law PhD student at the University of Bristol. He tweets as @LiamJamesDavis.

With diverse formally formations increasing, it is arguable that the birth registration system is not fit for purpose because it is tethered to ‘traditional’ understandings of family life and cannot adequately account for ‘modern’ families. This post considers mismatches between law and identity within birth registration for trans parents.

This post is inspired by my article, “Deconstructing tradition: Trans reproduction and the need to reform birth registration in England and Wales”, published in the International Journal of Transgender Health. A limited amount of free copies are available direct from the publisher, here. Otherwise, you can request an Open Access copy through my university profile/emailing me, or by tweeting me.

Background

You would be forgiven for thinking that the term “male mother” is  an oxymoron, but this is the conclusion the Court of Appeal reached in R (McConnell) v The Registrar General for England and Wales [2020] EWCA Civ 559 regarding a trans man, Freddy McConnell, who gave birth and wanted to be registered as his child’s father (or parent) on the birth certificate. (more…)

Healthcare procurement and commissioning during Covid-19: reflections and (early) lessons – some thoughts after a very interesting webinar

By Prof Albert Sanchez-Graells, Professor of Economic Law and Member of the Centre for Health, Law, and Society (University of Bristol Law School)

On 30 September, the Centre for Health, Law, and Society had the honour of hosting an excellent panel of speakers for a webinar on ‘Healthcare procurement and commissioning during Covid-19: reflections and (early) lessons’. The speakers provided short presentations on a host of very complementary issues surrounding the reaction of NHS procurement and commissioning to the COVID-19 challenges. The ensuing discussion brought to light a number of general themes that are, by and large, aligned with the worries that others and I had expressed at the outset of the pandemic*, and a number of challenges that will shape the readjustment or reregulation of NHS procurement and commissioning in the medium and long term.

This blogpost initially provides some brief notes on the most salient points made by the speakers in their presentations, which do not aim to be exhaustive. It then goes on to offer my own reflections and views on what lessons can be extracted from the procurement and commissioning reaction to the first wave of Covid-19, which do not necessarily represent those of the panel of speakers. (more…)

Reflections on International Law and Social Change

By Dr Lee McConnell, Lecturer in Law (University of Bristol Law School)

In a recently published article, I draw together some thoughts on the relationship between international law and social change. While I can do no more than provide a flavour of some of the themes explored in the article, I hope these reflections are at least thought-provoking.

A brief glance at the preamble to the UN Charter, which commits to the promotion of ‘social progress and better standards of life in larger freedom’, is indicative of the unique way in which international law asserts its own inherently ‘progressive’ character.[1] Regardless of whether one shares this vision, a more modest connection between law and social change will be familiar to many. This is the idea that international law can be harnessed to advance a particular cause – that it is, in essence, an empty vessel that can be filled with progressive content. This assumption, often implicit but rarely articulated or confronted, is what my article seeks to address. (more…)

‘Less is More’ in Non-Financial Reporting Initiatives

By Dr. Georgina Tsagas, Senior Lecturer in Law (Brunel University) and Prof Charlotte Villiers, Professor of Company Law (University of Bristol Law School).

In our paper we shed light on why ‘Less is More’ in the Non-Financial Reporting landscape and explain how an effective decluttering of the non-financial reporting landscape can take place by focusing on improving and widening the scope of the application of the EU Non-Financial Reporting Directive.


What is the root cause of the problem at hand?

Knowing ‘the price of everything and the value of nothing’ is more than just a nice turn of phrase that Oscar Wilde had Lord Darlington quip in one of his plays. Projecting into the future, the phrase has spoken volumes on how modern society has drifted away from cultural values and has also highlighted society’s collective failure to place those values on a par with financial ones. Yet in the area of corporations’ non-financial reporting the problem remains that, although in the year 2020 we have reached a common ground on the fact that sustainability is a value worth preserving, there is no rate, no metric, no price nor cost attached to it, which arguably creates chaos for private and public actors alike. Not only do identified stakeholders face the negative consequences, but in both the short term and long term all actors involved and affected corporations, as well as society as a whole, will face the adverse effects of corporations’ unsustainable practices. The fact that sustainability cannot be accounted for in a consistent way is the essence of the problem. Assuming that the chaotic framework for non-financial reporting is part of the problem, we argue that fixing that framework must be part of the solution. (more…)

Edward Colston: Listing Controversy

By Prof Antonia Layard, Professor of Law (University of Bristol Law School)

The toppling of the statue of Edward Colston has made the front pages of newspapers all over the world. “Hooray!” read an email from an Australian friend the next morning, “I’ve just been enjoying reading and viewing the pushing of that vanity statue of a slave trader into Bristol waters and thought of you and my brief stay in Bristol. What a great moment in the history of your city. Took far too long but at last the day arrived”.

As many more now know, Edward Colston (1636-1721) was the son of a prosperous Bristol merchant who after an apprenticeship with the London Mercers’ Company in 1654, established a successful business in London, trading with Spain, Portugal, Italy, and Africa. In 1680 he became a shareholder in the Royal African Company, which had a monopoly on trade with Africa until 1688, after which it received fees from English traders. Colston took a leading role in the Company, serving on several committees, becoming deputy governor in 1689. The RAC is estimated to have transported around 84,000 African men, women and children, who had been traded as slaves in West Africa, to the Caribbean and the rest of the Americas, of whom 19,000 died on their journey. Thousands who arrived had the initials “RAC” branded on their chests. In 1863, Colston was both elected a free burgess of the city and became a member of the Society of Merchant Venturers, enabling him to trade out of Bristol before towards the end of his life becoming an MP for Bristol (1710-14), despite living in Mortlake in Surrey. (more…)

Records, bards and border raids: reflections on a fifteenth century dispute

By Prof Gwen Seabourne, Professor of Legal History (University of Bristol Law School)

Picture: Raglan Castle/Castell Rhaglan, base of William Herbert, by M.J. Seabourne

In what now seems like the very far-off pre-lockdown part of 2020, an article of mine was published, the culmination of a project I had been working on for two years or more, and had presented, at different stages in its development, to audiences at the International Medieval Congress in 2017 and the British Legal History Conference in 2019. Judging a Hereford hanging: Agnes Glover v. Walter Devereux, William Herbert and others (1457)[i] considered the events of a few days in the spring of 1456, when the English city of Hereford was taken over by a mixed Welsh and English force, led by notable men of south east Wales and Herefordshire. William Herbert and Walter Devereux, along with their kin and connections, the Vaughans. A member of the Vaughan family – Watkin Vaughan – had been killed in Hereford, slain with an arrow through the heart, as one record has it, and the Herbert-Devereux-Vaughan allies came to Hereford to seek justice or revenge for this outrage. They obliged local citizens to try and convict six Hereford men for the killing, then proceeded to hang them. Legal action followed, as Agnes Glover, the widow of one of the hanged Hereford men attempted to prosecute the main offenders. The case went on for some legal terms, but, in the end, there was a spate of pardoning, and nobody was punished in accordance with the full rigour of the law. (more…)

A perfect storm: Patients, psychiatrists and the pandemic

By Prof Judy Laing, Professor of Mental Health Law, Rights and Policy (University of Bristol Law School)

Mental Health Awareness week is an important time to reflect on how the Covid-19 pandemic is generating a global crisis in mental health. Earlier this month, the United Nations published a policy brief warning that:  ‘Although the Covid crisis is, in the first instance, a physical health crisis, is has the seeds of a major mental health crisis as well.

Stringent lockdown measures have increased social isolation, and for many, this is creating huge psychological distress. That is further impacted by the fear of infection, death and losing relatives and close friends to the virus. The state of the economy is creating additional anxiety and stress for those who have lost or are at risk of losing their income and livelihoods. Professor David Gunnell (a colleague at the University of Bristol who researches on suicide and self-harm) has highlighted with others in The Lancet  that the pandemic will ‘leave many people vulnerable to mental health problems and suicidal behaviour, and increased risks of suicide’. Taking action now to prevent the risk of suicide is therefore imperative. And the United Nations policy brief also urges national governments to take positive action to ensure widespread availability of mental health support, as well as building mental health services for the future to promote recovery from the pandemic. (more…)

Repatriating the forgotten children of ISIS fighters: A matter of urgency

By Dr Rumyana van Ark (TCM Asser Institute and International Centre for Counter-Terrorism at ICCT –The Hague), Dr Faith Gordon Lecturer in Criminology (Monash University) and Dr Devyani Prabhat, Reader in Law (University of Bristol Law School).

Children are often the hidden victims in adult-dominated conflicts. This appears to be particularly the case when citizens of other states travel to an area of on-going conflict in order to participate and/or support a side in the conflict. As evidence relating to foreign fighters supportive of ISIS demonstrates, the decisions of the parents have significantly affected the position of their children who either travelled with them or were born there.  Such children number in the many thousands. While the documented numbers are already high, commentators note that it is likely that these figures do not represent the full reality. The statistics may be omitting those children recently born in or currently residing in besieged, and almost impossible to access, areas.  These estimated figures are also unlikely to include those who have not had their births properly recorded, those of whom the authorities have lost track, and those who were unknown to the authorities in the first instance. (more…)

The Commission Roadmap on Covid-19: is the EU Finding the Route or Continuing to Lose the Way?

By Prof Keith Syrett, Professor of Health Law and Policy (University of Bristol Law School)

Credit: European Union, Coronavirus Global Response, 2020

The European Union has been widely criticised for its response to the outbreak of pandemic coronavirus (COVID-19) in early 2020. Still distracted by Brexit and, more recently by the Turkish migrant crisis, EU leaders were caught off guard by the rapid spread of the virus, initially into Italy. Member states took actions into their own hands, imposing border controls, banning exports of protective equipment and, later, banning mass gatherings, closing schools, and instituting lockdowns, while the EU appeared to be a largely impotent bystander.

Perhaps the EU’s muted initial response was unsurprising, given that previous public health threats of a similar type, such as SARS, MERS and Ebola, had had little impact within the Union. However, more than a decade previously, concerns had been raised about lack of preparedness for a pandemic outbreak in Europe.[1] Notwithstanding the EU’s subsequent establishment of a firm legal basis for a response to pandemics, it now seems that the lessons presented previously had not fully been learned. (more…)