Protection Of Legitimate Interests Research Articles

Confidentiality in Arbitration: A Principled Response to the Opportunity for Codification in England and Wales

Confidentiality is often perceived as a pivotal aspect of arbitration, shielding sensitive information from unauthorized disclosure and preventing potential harm. This article examines the opportunity for codification of the confidentiality obligations in arbitration in England and Wales in light of the Law Commission’s recent review of the Arbitration Act 1996, emphasizing the importance of clear and predictable rules to enhance England and Wales’ status as a favoured arbitral seat. Codification will offer legal certainty and the concern that users from around the world must navigate a complex web of case law to determine the existence and scope of confidentiality duties, making it less accessible. By enshrining confidentiality in the Act, informed decisions can be made without ambiguity. This article is split into four sections, examining the concept and significance of confidentiality, the global development of confidentiality rules, the opportunity for codification, and the potential benefits of harmonizing international arbitration law. For codification to be effective, the drafters must define robust exceptions, such as consent, court orders, protection of legitimate interests, and public interest. Drawing inspiration from other jurisdictions, the Act should allow flexibility for courts to address unforeseen scenarios. By embracing confidentiality and providing clarity, England and Wales can strengthen its position as a leading jurisdiction for international commercial arbitration. Confidentiality, Arbitration, Procedure, Codification, Uniformity, Harmonization, UNCITRAL Model Law, Institutional Rules

Some critical comments on the new Swedish rules on non-recognition of foreign child marriages

The negative and restrictive attitude of the Swedish legislator towards child marriages celebrated abroad has been step-by step sharpened, most recently by an amendment reacting to the dramatic increase of asylum seekers in the second half of 2015 from countries where persons under the age of eighteen can enter into valid marriages. Such marriages, concluded on or after 1 January 2019, will with almost no exceptions be denied recognition in Sweden, regardless of whether at the time of the wedding the spouses had any connection with Sweden and irrespective of how much time has lapsed thereafter. While the Swedish politicians and public generally welcome this reform, they seem to disregard the serious negative practical and legal consequences such general non-recognition may have for the persons concerned, in particular the young wives. The article examines critically the new rules and discusses the possibilities to reconcile the refusal to accept child marriages with the protection of legitimate interests of the spouses.

Promotion of Renewable Energy in the EU: Critical Assessment of Grid-Related Incentives

This paper criticizes measures that allow Member States of the European Union (EU) to provide priority treatment for electricity produced from renewable energy sources (RES) in terms of connection and access to the grid, and dispatch of electricity on the grid. It argues against the priority rules set out in the Renewable Energy Directive of 2009 and comes out in favour of grid operation neutrality. To arrive at this conclusion, this paper provides an overview of the nature of priority rules, reviews the distinct problems related to the application of priority rules, objectives of the implementation of Third Energy Package and available legal remedies for the protection of legitimate interests of electricity generators.