This chapter explores the theory underpinning qualitative methods, namely semi-structured interviews and focus groups, and issues of methodological coherence in adopting a digital approach. We offer an in-depth exploration of the practical considerations of adopting digital methods. This includes the challenges of building a rapport with the participant, familiarity with technology for both researcher and participant, scheduling, and data protection issues. We explore pertinent ethical considerations, including institutional approval, informed consent, confidentiality, and the ongoing ethical responsibilities of the researcher engaged in qualitative research. We draw upon our experiences of using synchronous online videoconferencing platforms to conduct semi-structured interviews and focus groups, integrating our reflections throughout. Whilst necessitated by the Covid-19 pandemic, the associated need for social distancing and the potential for further regional restrictions, we argue that digital methods transcend the current global situation, offering opportunities to facilitate qualitative research that may extend beyond geographical borders, attenuate fiscal limitations, and enable greater collaboration between researchers.

Families continue to provide immense financial and psychosocial support to their student age children. ‘Estranged students’ and those who are themselves carers suffer financial, academic and social obstacles to a successful university experience. Parents now expect greater participation in the lives of their student children, as financial realities empower them to influence their children’s choices. From age 18 students are deemed ‘adults’, but without adult rights to an independent student loan, or legal compulsion on their parents to provide finance. Parents have little feedback or power over the resource they are asked to finance. Communication between universities and parents has attracted controversy. Universities are experimenting with ways to clarify how nominated carers can be consulted about students at risk. Families may become the unsupported carers when a student has left university in an unplanned way, as well as when the course comes to an end. The chapter considers the value of developing a ‘leavers’ programme’, analogous to freshers weeks, as well as a specific package of supports for students who leave in an unplanned way.

Chapter 3 discusses the importance of drafting a well-crafted arbitration agreement to establish an effective private dispute resolution system outside of national courts. Various defects in arbitration agreements can lead to inefficiencies and disputes in the arbitration process. The chapter also discusses essential requirements for arbitration clauses, highlighting that short and simple clauses are generally sufficient, especially when using model clauses provided by arbitral institutions. The chapter also discusses the choices that parties make such as the number of arbitrators, their qualifications, the governing arbitration law, the language of the arbitration and the seat of arbitration. Additional clauses beyond the basic clause can also be added to provide more control, but its important to align any additions with chosen institutional rules to avoid contradicting mandatory provisions. Finally, the chapter discusses issues such as preliminary relief, technical expertise, multistep dispute resolution clauses, dispositive motions, legal fees and costs, confidentiality, expanded judicial review, and multiparty agreements.

This chapter considers some of the legal and professional implications of social media use. These are discussed from two perspectives: firstly, how the law is changing to help ensure harmful and false information is not distributed, and secondly how professionals should responsibly use social media. To illustrate each of these, the chapter focuses on proposed reforms to the UK law and the UK General Medical Council’s (GMC) guidance for doctors. The principles discussed will apply to other jurisdictions and professional groups, but individual professionals should ensure they are familiar with the frameworks within which they practise.

This chapter discusses information-sharing, including with victims of crime committed by persons with mental disorders. In general, a patient’s treatment is confidential and, unless the patient consents to information being shared, this limits the information that can be disclosed. However, information about a patient can be disclosed to a third party such as a victim if other statutes, such as the Domestic Violence and Mental Health Acts, permit this. Information can also be disclosed if another person is at risk of harm if the information is not disclosed. Furthermore, the victims of specific violent and sexual offences have certain rights to information about the offender. This includes offenders subject to the MHA and detained in hospital or subject to compulsion in the community. Patients can be victims as well as perpetrators of crime, and professionals working in health, social care and the justice system require a robust understanding of when to share confidential information. The first half of the chapter provides information on relevant legislation and guidance to be considered when sharing information about patients in general. The second half is focused on legislation and guidance on information sharing by organisations supporting victims of crimes committed by mentally disordered offenders.

In the 1990s half a million women died each year from pregnancy-related causes. In 1995 the United Nations set the goal of a 75% reduction by 2015. A 43% fall was achieved. In 2020 the maternal mortality rate for low-income countries was 462/100,000 births. For every death, another 30 women suffer severe complications. Saving lives need not be expensive. As Prof. Mahmoud Fathalla said at the Safe Motherhood Movement launch in 1987, 'mothers are dying because societies have yet to make the decision that their lives are worth saving'. He had been inspired by the UK Enquiries. In 2004 WHO published a toolkit, Beyond the Numbers, mostly written by the director of the UK CEMD. It described how local mortality reviews, hospital-based or community-based, and near-miss reviews can be carried out without the government support which is needed for a national Enquiry. The principles of the CEMD apply to those reviews. Their aim is not to find scapegoats but to identify problems and suggest solutions. Confidentiality is vital if people are to be frank about individual and systemic failures. A safety culture requires support at individual, institutional and political levels.

The multi-faceted role of arbitrators is complex and protean. While there is consensus on the fact that the nature of the international arbitrator’s role entails according the arbitrator wide-ranging powers and that the arbitrator also undertakes a panoply of obligations, the scope of these powers and duties is not always well defined.Views about the nature and scope of these powers and duties might diverge depending on whether arbitrators are seen as service providers, justice purveyors, or both. Following a brief overview of this core question, the contribution proceeds to identify the sources of an arbitrator’s powers. Next, the most important duties of international arbitrators, including those pertaining to ethical obligations, the need to ensure due process, the necessity to apply the proper law, the duty to provide a reasoned award, and several others are explored. This contribution also highlights the most important rights of international arbitrators, such as the right to receive good faith cooperation from the parties, as well as the rights to remuneration and immunity, amongst others. Finally, we make some observations on ways in which the rights and duties entailed by the complex mandate of arbitrators can be reconciled in the event of conflict.

State courts play a fundamental, albeit sometimes maligned, role in supporting international arbitration.This chapter examines how and when that support can be provided.The chapter begins with some procedural considerations such as the finality of the decision and the level of consideration required by courts. It then follows the life cycle of an arbitration proceedings, and take a stage by stage approach to the type of support a court may offer.Particular attention is paid to enforcing the arbitration agreement, assisting with evidentiary matters, and other steps intended to protect the integrity of the arbitration process.The chapter concludes by recognising that whilst specific examples are useful and may identify common situations, in many jurisdictions there is an inherent “catchall” power that courts can exercise.

This entry examines whether the existing transparency gap between the investment treaty arbitration and international commercial arbitration regimes should be maintained, considering three factors: (i) the nature of the public interest, (ii) the role of confidentiality, and (iii) the role of party autonomy. The author concludes that the transparency gap should - as a general matter - be maintained. Although the public interest in particular international commercial arbitration cases can be significant - most notably in cases involving state entities or statutory claims - on a systemic level the public interest in internationalcommercial arbitration contrasts sharply with investment treaty arbitration, where cases consistently involve state entities and challenges to government measures. Equally important, two cornerstones of international commercial arbitration also support the existing transparency gap: (i) the availability of discreet and dispassionate dispute resolution, made possible by confidential proceedings, and (ii) the primacy of party autonomy. But with respect to the public availability of arbitral awards, the author concludes that the transparency gap should be narrowed significantly, given larger developments regarding international commercial dispute resolution and public access to decision-making.

This chapter addresses the topic of the information we receive about or from patients and introduces the concepts of privacy and confidentiality in relation to the management of patient information. It also sets out your legal requirements for mandatory reporting, including reporting harmful conduct of health professionals and others.

The above case demonstrates the complexity of caring for people and how easily private and sensitive information recorded about a patient in their interests can result in a breach of confidentiality and unprofessional conduct. Kate appropriately recorded very personal information that Ross had disclosed to her because she judged it relevant to his care. Yet other nurses perceived this to be a source of curiosity and gossip, and in sharing this with a nurse not involved in his care, had acted unprofessionally and breached Ross’s confidentiality. Their conduct was therefore unethical, and disciplinary action should have been taken (see the section on mandatory reporting below).

The profession, the legal system and society have all traditionally seen loyalty, care and competence, and confidentiality as cornerstones of professional responsibility. Lawyers are in a fiduciary relationship with their clients – clients need to be able to trust their lawyers to provide advice and represent them loyally in the legal system. This chapter first argues that strong obligations of confidentiality support the lawyer’s role as zealous advocate and officer of the court, but that there must be ethical limitations in some circumstances. Next we show that the concept of confidentiality has become quite tenuous in a world of surveillance, wired for instant disclosure and based on a communication and business model that feeds on demolishing all secrecy. We then examine the ideals of confidentiality and client legal privilege (‘CLP’). Finally, we consider whether lawyers should sometimes blow the whistle on their own clients or colleagues in order to fulfil their professional obligations as gatekeepers of justice.

Describes the process of civil commitment. Defines competence to stand trial. Compares the laws regarding the “insanity defense.” Explains how mental health practitioners protect patients’ rights, including the right to treatment and the right to refuse treatment.

Although judicial bureaucracies are the backbone of international courts and tribunals, their presence remains largely unacknowledged in official discourse and scholarly analysis. This chapter takes collective silence as an object of interest and explores its socio-political dimensions. The role of judicial bureaucrats is an open secret. Courts, government representatives, counsel, and academics are all aware of it, and yet conspire to keep it invisible to the public. The chapter reflects on the reasons behind the conspiracy of silence. Could it be due to the confidential nature of judicial proceedings? To the need to preserve the legitimacy of judicial institutions in the eyes of their audiences? Or, perhaps, to the instinctive desire of international lawyers to maintain an aura of mystery and sanctity around their profession?

The chapter reports that the leniency programme in Hong Kong was promulgated at the same time that the Hong Kong Competition Ordinance went into full effect in 2015. This leniency programme has been successfully used once. The Hong Kong Competition Commission (HKCC) reached a leniency agreement in 2020, despite the strong focus of the HKCC on tackling cartels. Six out of the seven cases the HKCC has brought to the Hong Kong Competition Tribunal are cartel related. These enforcement successes are attributable to market studies of the HKCC itself. However, this situation should not be misinterpreted. With the arrival of Brent Snyder as the Chief Executive Officer of the HKCC, the leniency programme was revised. Lenient treatment remained limited to immunity, but also became available once an investigation has started. Two new schemes were introduced: leniency for individuals and leniency plus. A leniency applicant has also been given immunity from damages claims. Further, reduction was made possible through the introduction of a cooperation policy. These recent changes should contribute to enforcement and supplement the successfully concluded ex officio investigations.

This chapter on India suggests that the Indian Competition Act of 2002 already had the possibility to offer lenient treatment to a firm that reports the existence of a cartel. However, the details for offering lenient treatment were only elaborated for the first time in 2009, in the Lesser Penalty Regulation. A revision followed in 2017. This resulted in a mere thirteen decisions of the Competition Commission of India (CCI) supported by the leniency programme. This low number may be explained by the discretion the CCI has to judge leniency applications and the uncertainty leniency applicants face in relation to damages claims. The chapter recommends addressing these issues, but also increasing the incentives to apply for leniency by introducing individualised sanctions to directors or immunising successful leniency applicants from debarment from procurement projects. Another recommendation is to avoid creating other pitfalls when the Competition Act is being amended.

This chapter sheds light on the international organisations that have been active in proliferating leniency programmes. This contribution includes the efforts of the OECD, ICN, UNCTAD and ASEAN. For each of these organisations, the chapter argues that they have a tendency to look for the common elements among existing leniency programmes and present them as an international guideline or best practice. When the existing leniency programmes diverge, the international guideline or best practice is to offer options. By not further clarifying these options, the chapter holds, the international organisations do no more than summarise local practices and pull them outside of their context. Due to this practice, convergence is unlikely to happen because, when the international guidelines or best practices are consulted, there will be an automatic reflex to also consult existing local practices and the existing literature regarding those practices.