bluuebunny/crossref_metadata_2025 huggingface dataset:
Incorporating the Arbitration Agreement
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Parties may enter into an agreement which of itself does not contain an arbitration clause but which refers to an arbitration clause in another contract or document. The reference may be to set of standard terms and conditions that include an arbitration clause or to another contract containing an ad hoc arbitration agreement. The courts have been inconsistent in their approach to the question of whether the reference to another contract has the effect of incorporating the arbitration clause from that other contract into the parties’ agreement. The modern approach is to look at the intent of the parties. Express words referring to the arbitration agreement will be sufficient to incorporate the arbitration agreement from the other contract into the parties’ agreement. General words referring simply to the ‘terms and conditions’ of the other contract may not be sufficient. However, where the parties are aware that the other contract contains an arbitration agreement then this may be significant in showing that the parties intended the arbitration clause to be incorporated into their agreement.
Powers of the Arbitral Tribunal in Respect of the Award
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The remedies that are available to the arbitral tribunal are set out in section 48 of the Arbitration Act 1996. The provision is new although it is based in part on section 15 of the Arbitration Act 1950. There is no comparable section within the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The section is non-mandatory in that the parties are free to agree what remedies the arbitral tribunal should possess.1 In default of such an agreement, section 48(2) of the Arbitration Act 1996 provides that the powers contained in section 48(3) to (5) of the Arbitration Act 1996 apply. The parties are not confined to conferring on the arbitral tribunal the same powers as are exercisable by the court,2 although an award containing powers greater than those possessed by the court may be in practice difficult to enforce under section 66 of the Arbitration Act 1996. Section 48(3) of the Arbitration Act 1996 provides that: ‘The tribunal may make a declaration as to any matter to be determined in the proceedings.’ This section gives an arbitral tribunal the power to decide the precise meaning of the terms of a contract where they are contested or to state the meaning of a clause within a contract. It may be the case that a declaratory award will be sought as a partial award within the dispute as it may assist the parties to reach a settlement on the outstanding matters.
Arbitration Agreements
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
Mediation Agreement
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Party if it becomes apparent, prior to or during the mediation, that a restriction or limit on its authority might reasonably be expected adversely to affect the mediation. Each Party will exchange with the other and send to the Mediator by no later than a concise summary of its case in the Dispute (‘the Summary’).
Terms of Reference in an International Arbitration Conducted Under the ICC Rules of Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

On 1 January 2000 the Respondent entered into an agreement with the Energy and Development Department of the Government of [name of country] in which the Respondent was appointed as project company for the design, construction and management of a power plant in [name of location] for a thirty year period (the ‘Project Agreement’).
Pleadings and Awards
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Whiteacre and Greenacre entered into a Building Contract dated [date] for the design, execution, completion and commissioning of a hotel and leisure complex at [location]. The Building Contract contained an arbitration clause at clause [ ]. The parties entered into a Supplemental Agreement dated [date] wherein they agreed a revised completion date for the works to [date]. The parties subsequently entered into a further Supplemental Agreement dated [date] wherein they agreed a further revised completion date for the works to [date].
Duties And Liabilities Of The Auctioneer
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

We have seen that the authority of an auctioneer and his rights will depend ultimately upon the precise terms of the contract with his principal within the framework of the general rules of common law, in particular, the law of agency. The same is true as regards his duties and liabilities. Some specific duties will be provided for expressly in his contract but, in addition, the law lays down a number of general obligations concomitant with the agency relationship.
Conditions Of Sale Affecting Buyers And Bidders
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

The importance of Conditions of Sale in the conduct of an auction cannot be overestimated. Conditions of Sale form the flesh on the bones of the law of auctions. Their primary purpose, traditionally, has been to govern the relationship between the seller (and his agent, the auctioneer) on the one hand and the successful buyer on the other. It is this relationship, imposed primarily by the law of contract and of sale of goods (in cases other than land) between the seller and the buyer that needs particularly careful exploration. Modern Conditions of Sale very often include conditions particularly appropriate to the relationship between the auctioneer and the seller as well. The contractual effect of these is reached by a different route. They form part of an ordinary business contract, between the seller and the auctioneer as his agent, made well before the auction. The contractual stipulations, if binding, will confirm or modify the position of the seller as it would have been according to ordinary principles of the law of agency and contract explored earlier in this book. Whilst conditions affecting sellers must dovetail with those affecting buyers, the two sets of rules must be kept separate to avoid confusion.
Criminal Practices At Auctions And Their Consequences
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

Mock auctions have little to do with the activities of genuine auctioneers. A hall is hired, a carnival atmosphere created, and as Kenneth Jones J stated in R v Ingram:The average holiday-maker going into one of these premises with his eyes open would realise that these proceedings were as much to do with a true auction as visiting a shooting gallery further down the street is to do with participation in the rifle championships at Bisley. In a short but useful article, A T H Smith describes the history of mock auctions and the reasons for a protective legislation. Drawing on the debates which have taken place from time to time on this matter, he describes a typical mock auction as follows:A man working outside a booth (the ‘pitchgetter’) would encourage passers-by to enter. When a large enough crowd had gathered inside, another man (the ‘top man’) would sell (either genuinely, or to an accomplice) a comparatively valuable article at a give-away price. The audience were showered with gifts and then invited to show their willingness to participate in an auction by buying an unopened packet (a ‘nailer’)—those unwilling to do so were then sent away.
Sales By Vendors In Special Positions
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

In normal cases there is a choice open to the buyer. He may either proceed to dispose of his goods by private treaty or by auction. For the vendor who is in a fiduciary or quasi-fiduciary position, this choice may not exist, or, if it does, the choice may be circumscribed. In some cases a sale by auction may be prescribed by statute. Trustees, mortgagees, pawnbrokers and public and court authorities are all examples of vendors who do not own the property beneficially (at least in its entirety) and may be under a fiduciary duty to obtain the best price reasonably obtainable. Each will be taken in turn. Trustees are under an overriding duty to obtain for their beneficiaries the best price reasonably obtainable. Under modern law trustees are not, however, obliged to sell by auction. For instance, s 12 of the Trustee Act 1925 states that trustees may ‘sell or concur with any other person in selling all or any part of the property, either subject to prior charges or not, and either together or in lots, by public auction or by private contract’. Nevertheless, particularly in the case of collections of chattels which are trust property, trustees (and executors and administrators) will be likely to choose the auction method so as to demonstrate that they have obtained the best possible price. This applies both to trustees of private trusts and of charitable trusts.
The Ec Law Dimension
Authors: Gordon Richard
Published: November 2023

As explained in Chapter 1, there are distinctive features of EC law requiring careful consideration before a case can be identified as one in respect of which EC domestic public law challenges (most usually in Administrative Court proceedings) are appropriate. This chapter refers back to a number of concepts outlined in Chapter 1, and introduces others, so as to examine the general relationship between EC law on the one hand and domestic law (including the HRA) on the other in domestic public law cases. The most basic principle is that an EC domestic public law challenge—whether brought in its own right or as part of a challenge overlapping with domestic or HRA grounds of.
Bringing An Ec Law Judicial Review Challenge In The Administrative Court
Authors: Gordon Richard
Published: November 2023

General 3.123 Interim relief in EC challenges to administrative decisions generally 3.126 Interim relief requiring the suspension Uncertainty and the effectiveness/legal Undertakings as to damages in EC interim relief cases 3.143 Much, perhaps the majority of, EC law imposes individually enforceable obligations on the State and, as emanations of the State, on its public authorities. As such, and as Chapters 1 and 2 have been designed to show, EC law now plays an increasingly important role in domestic public law and, in particular, judicial review.
State Aid And Competition
Authors: Gordon Richard
Published: November 2023

The state aid provisions of the EC Treaty are contained in Articles 87 and 88. They prohibit the State from distorting competition by aiding undertakings unless the aid has been notified to, and approved by, the European Commission. Articles 81 and 82 of the Treaty prohibit undertakings from distorting competition by concluding anti-competitive agreements or abusing a dominant position. Although the two sets of provisions (respectively, state aid and competition) complement each other, state aid, properly understood, forms a sub-set of the competition rules contained in the EC
Public Procurement
Authors: Gordon Richard
Published: November 2023

EC public procurement is concerned with ensuring that public contracts of specified types are awarded on a fair, competitive and transparent basis. The term ‘public procurement’ refers to functions exercisable by a public authority of purchasing goods, works, and/or services from a third party. The EC public procurement regime which has recently been There are also a number of special cases which are caught by the EC public procurement regime but are not considered here such as contracts subsidized by public authorities but awarded by private bodies. Further, the definition of a public authority (‘contracting authority’) is one derived from EC law and may encompass bodies that would, in national law, be termed a ‘private’ as opposed to a ‘public’ body.
Discrimination
Authors: Gordon Richard
Published: November 2023

EC discrimination restrictions have been developed, primarily, from rules prohibiting sex discrimination in relation to employment situations. They have been expanded in recent years to include other important areas such as race and disability (again, often in the context of employment). In turn, the original rules have been updated in line with the new and expanded protection given to those other areas. Frequently, discrimination involves domestic public law issues. This is not least because the principle of equal treatment is a general principle of EC law which applies generally to the interpretation of EC legislation and domestic legislation that is founded in EC law. As such, in an EC public law case familiarity with the substantive principles protecting against discriminatory treatment is of some importance.
Public Law Collateral Challenges And Article 234 References
Authors: Gordon Richard
Published: November 2023

EC public law issues often arise in the course of proceedings outside domestic judicial review in the Administrative Court or other public law proceedings. As explained in the context of damages claims involving allegations of State liability for breaches of EC law, although a challenge to the validity of a legislative or administrative act might have been brought directly by way of judicial review, there is no general jurisdictional bar preventing an EC (or any other public law) challenge to such act being raised indirectly in the course of other court proceedings. Indirect challenges of this nature are often referred to as collateral challenges as opposed to the direct challenge that would be involved in proceedings for judicial review or other
Anatomy of the Story
Authors: Dudbridge Glen
Published: November 2023

Looking back through this written tradition we find the Miaoshan story gaining and losing episodes and details as it passes through different circumstances. At several points we have tried to explain additions and changes in relation to their context, and we shall attempt before long to form a broad impression of the story’s course of development. But the whole process begins with a given, ready-made version of the story at a fixed point in time—January 1100. The evidence offers nothing earlier. If we wish to learn something of the composition of that first, basic document we must turn to internal evidence.
Absent Witnesses? The Critical Apparatus to the Greek New Testament and the Apostolic Fathers
Authors: Elliott J Keith
Published: November 2023

Table II of The New Testament in the Apostolic Fathers shows that outside the synoptic gospels there are Aa-rated citations in the Apostolic Fathers from 1 Corinthians, Hebrews, and 1 Peter, and Ab-rated citations from Romans, 1 Corinthians, Galatians, and 1 Peter. An ‘A’ rating employed there indicates that there is ‘no reasonable doubt’ that the Father knew the particular New Testament book; an ‘a’ or ‘b’ refers to the relative closeness of a quotation in the Apostolic Fathers to the biblical text. We might expect our modern critical editions to show the evidence of some of these Apostolic Fathers for variants at these points. This is not the case, however. Souter’s Text and Canon may have been inflential, especially in its conclusion that the results of the Oxford Committee’s Wndings in their New Testament in the Apostolic Fathers have ‘hardly any bearing on the choice between variants in a passage of the New Testament’.
Polycarp’s Letter to the Philippians and the Writings that later formed the New Testament
Authors: Holmes Michael W
Published: November 2023

‘No method in literary study’, wrote E. J. Goodspeed in 1941, ‘is more objective or more fruitful than the comparison of one work with another to determine the question of literary indebtedness—which one shows acquaintance with the other, use of it, and dependence upon it.’1 One may perhaps grant him his point in theory, but scarcely in practice;2 one does not have to be post-modern to recognize that the presuppositions (conscious or otherwise) one brings to the investigation and the question(s) one seeks to answer both shape one’s analysis and conclusions. For the present discussion the shaping focal question is relatively straight-forward: is there any demonstrable evidence that Polycarp, in his letter to the Philippians,3 has made use of any of the writings that later formed the New Testament? The simplicity of the question masks, of course, substantial methodological and procedural diffculties. These have been well articulated by Andrew Gregory, whose general approach and perspective have been adopted.4
Wisdom in the Apostolic Fathers and the New Testament
Authors: Young Frances
Published: November 2023

In many and various ways wisdom appears to be a key concept in the early church. By the time of Augustine, it has spiritual and intellectual connotations, as well as Christological significance,1 both of these aspects of wisdom having roots in the Bible and earlier tradition. The figure of person wed Wisdom, as described in Proverbs 8, was at the centre of the doctrinal controversy initiated by Arius in the fourth century.2 From the second century on, wisdom Figured in Gnostic myths, and so, being contested, was ripe for reclamation or resistance by those claiming to be orthodox. Scholarly literature suggests that in various ways wisdom is important in the New Testament. So it seemed a natural research question to ask: what about wisdom in the texts known as the ‘Apostolic Fathers’? The results were a surprise. It may be that they demand a reassessment of some classic scholarly assumptions.
The Church in Ephesians, 2 Clement, and the Shepherd of Hermas
Authors: Muddiman John
Published: November 2023

The ground-breaking volume, The New Testament in the Apostolic Fathers, published by a committee of the Oxford Society for Historical Theology1 in 1905, whose centenary this volume and its companion celebrate, introduced into the discussion of the delicate question of the earliest attestation to the New Testament documents some necessary distinctions.
Ignatius, ‘The Gospel’, And The Gospels
Authors: Hill Charles E
Published: November 2023

The conclusions drawn by Inge for the Oxford Committee a century ago with regard to the question of Ignatius’ use of the canonical gospels were very measured, though generally positive. While careful not to claim certainty, Inge wrote that the parallels supported the probability of Ignatius’ knowledge of Matthew, Luke, and John.1 His assessment was more optimistic than many later ones would be, particularly after the publication in 1957 of Helmut Köster’s landmark book, Synoptische U¨ berlieferung bei den Apostolischen  Va¨tern,2 which argued that Ignatius’ synoptic parallels do not signify his knowledge of any of our written gospels, but only his use of (usually older) ‘free tradition’. Not only did this book establish a method for approaching synoptic parallels in the Apostolic Fathers, it also gave an authoritative interpretation of Ignatius’ use of the term ‘gospel’, which Koester has maintained ever since, now with many others. When Ignatius uses the term ‘gospel’, Koester concludes, it ‘certainly does not refer to any written text enumerating the basic topics of Jesus’ appearance. It is rather the message of salvation in general of which the center is Christ’s death and resurrection.
Introduction
Authors: Williams Andrew
Published: November 2023

The intersection between human rights and the Community’s law and practice has proved to be both a contentious and complex subject. It poses questions that span both the macro and micro levels of Community affairs. Indeed, few areas of Community law and policy have escaped scrutiny in this respect. Even before the notion of ‘mainstreaming’ became institutionally fashionable, human rights issues would surface across the spectrum of Community activity. Unsurprisingly, therefore, the subject has attracted significant scholarly and political attention. In particular, over the past thirty years, one can observe an exponential growth in the production of Community institutional pronouncements and deliberations connected with human rights concerns. Critiques and commentaries upon specific human rights policies adopted by the Community have also proliferated, tracking developments and proposing reform. Throughout, the role human rights can and do play in the Community’s practice remains an implicit question.
Employees’ Individual Statutory Rights Where There Is No Transfer
Authors: Hyams Oliver
Published: November 2023

The main statutory employment right of employees where there is a business reorganisation but no TUPE transfer is the right not to be unfairly dismissed. The employer could dismiss fairly only for redundancy or ‘some other substantial reason’ within the meaning of section 98(1)(b) of the ERA 1996. A considerable body of case law has been developed in relation to dismissals where it is claimed by the employer that the dismissal was fair for either or both of those reasons, and the effect of that case law is described in this chapter. There is in addition some protection of employees under the law of discrimination which needs to be mentioned, not least because there are some specific provisions relating to the redundancy of women who are on maternity leave.
Collective Obligations Where There Is A Tupe Transfer
Authors: Hyams Oliver
Published: November 2023

This chapter is primarily concerned with the obligations of TUPE transferors and transferees in relation to the provision of information to, and consultation with, the representatives of affected employees or, where there are no such representatives, the employees themselves. It is also concerned with the effect of a TUPE transfer on any collective agreement made by or on behalf of the transferor with a trade union which is recognised by the transferor in respect of any employee whose contract of employment is preserved by regulation 4(1).
Tupe Transferor’s Obligations To The Transferee
Authors: Hyams Oliver
Published: November 2023

The subject matter of this chapter is the obligation imposed for the ﬁrst time by regulation 11 of the TUPE Regulations 2006 on a TUPE transferor in relation to a TUPE transfer occurring on or after 19 April 2006 to notify to the transferee in writing or by otherwise making it available to the transferee ‘in a readily accessible form’ certain information concerning each employee who is ‘assigned to the organised grouping of resources or employees that is the subject of a relevant transfer’. The information is described below first. Regulation 12 of TUPE provides for a remedy for a breach of the obligation, and its effects are then stated. By design or otherwise, the obligation imposed by regulation 11 is strict in that there is no statutory excuse for a breach of the obligation (although the remedy for a breach of the obligation may not always be substantial).
Other Consultation Obligations
Authors: Hyams Oliver
Published: November 2023

There are two further sets of regulations which impose obligations on an employer to consult with representatives of the employer’s workforce where a reorganisation is proposed. Both sets of regulations apply only to employers of a certain size. They are the Transnational Information and Consultation of Employees Regulations 1999 (‘the TICE Regulations’) and the Information and Consultation of Employees Regulations 2004 (‘the ICE Regulations’).
Paul and the Metaphors for Salvation: Some Reflections on Pauline Soteriology
Authors: Fee Gordon D
Published: November 2023

At our last ‘summit’ I noted in passing that Paul’s central concern theologically is ‘salvation in Christ’. But this is a phrase that needs unpacking. First, the supposition of ‘salvation in Christ’ is the triadic nature of God, since it is predicated on the love of God the Father, is effected through the death and resurrection of Christ the Son, and is made effective through the Spirit of God who is also the Spirit of the Son. Second, the goal of salvation is not simply the saving of individuals and fitting them for heaven, as it were, but the creation of a people for God’s name, reconstituted by a new covenant. Third, the framework of God’s ‘salvation in Christ’ is thoroughly eschatological, meaning that Christ’s death and resurrection and the gift of the Spirit mark the turning of the ages, whereby God has set in motion the new creation, in which all things eventually will be made new. Fourth, the means of ‘salvation in Christ’ is Christ’s death on the cross and his subsequent resurrection in which death itself has been defeated.
Redemption from the New Perspective? Towards a Multi-Layered Pauline Theology of the Cross
Authors: Wright N T
Published: November 2023

Calling something ‘new’ is always risky, and the ‘new perspective’ on Paul, now a quarter of a century old since it was introduced by Ed Sanders in 1977, is starting to look rather frayed around the edges. Others have written its history; some are now trying to write its epitaph. I come neither to bury Sanders nor to praise him, but to do two things simultaneously: to look at Paul’s doctrine of ‘redemption’ from (one version of) the perspective Sanders proposed, and in so doing to see what if anything can be redeemed from his proposal. I am conscious that the current wave of gravediggers are making room for more than one coffin, and that some of them at least want to bury N. T. W. along with E. P. S. (and indeed J. D. G. D.). But I am inclined to believe that the rumours of my theological demise have been exaggerated, and that the modified and developed version of the’new perspective’ (hereafter NP) which I adopt possesses not only life but considerable explanatory and exegetical power.
God made Christ to be Sin (2 Corinthians 5: 21): Reflections on a Pauline Paradox
Authors: Aletti Jean-No ëL , J S
Published: November 2023

2 Corinthians 5: 21 is known as one of the most difficult Pauline statements because of its paradoxical style and the issue at stake. Even recently the verse has been interpreted as if Christ had really become a sinner: ‘Paul teaches that Christ became the receptacle of the power of sin and its curse . . . Though innocent and sinless, Christ become a transgressor through an act of substitution . . . A real transfer of sin and curse to Christ was essential. Christ must truly become polluted.’ Such an exegesis has a long history, in both Protestant and Roman Catholic traditions, as two representative texts make clear:
‘He Himself is Our Peace’ (Ephesians 2: 14): Early Christian Views of Redemption in Christ
Authors: Briandaley SJ
Published: November 2023

A year or so ago, I had the opportunity to deliver a series of lectures in Oxford on the christology of the Fathers. While I was there, I had a number of conversations on the subject with an old friend who is also a theologian and a Patristic scholar, and at one point he raised a question that he said he had long been unable to answer in a satisfactory way for himself: granted that God desires to save humanity from its own self-destructive course of sin and alienation, granted that God wishes to intervene in history and to reconcile his creatures with himself through some kind of revelation and atonement, why must we think that he did this through an incarnate Son? Why does it not make just as much sense to think of God redeeming the world through a delegate, an appointed mediator or broker of reconciliation, who is himself a creature? Why, in other words, does Christian soteriology—as has often been argued—require a Nicene or even an Athanasian, rather than an Arian understanding of the saviour?
The Power in the Blood Sacrifice, Satisfaction, and Substitution in Late Medieval Soteriology
Authors: Bynum Caroline Walker
Published: November 2023

Recent discussions of the history of soteriology argue that two distinct understandings of redemption (or atonement) emerged in the twelfth century: Anselm of Canterbury’s theory of satisfaction and Peter Abelard’s exemplarism. Anselm’s Cur Deus Homo? jettisoned, we are told, the older idea that Christ saved humankind by tricking the devil or ransoming man from his power, and argued instead that Christ satisfies and redeems the debt man owes to God because of human disobedience.
Images of Redemption in Art and Music
Authors: Brown David
Published: November 2023

In this chapter I want to explore how the Christian doctrine of redemption has been understood through an examination of some key images by means of which it has been appropriated. Hopefully, this will avoid merely repeating the standard accounts of which particular theories of atonement came to prominence when and also any suggestion that we are dealing simply with theory rather than a lived reality within the Christian’s life. I do not pretend that the examples I have chosen are the most central or significant, only that they are illuminating. The examples in question are the lamb of God, the descent into hell, and the prodigal son. Although all three play a role in the church’s liturgical life, the meaning extracted from them is far from being as uniform or constant as this might initially suggest. There is a richness in the biblical imagery that defies too narrowly defined interpretations. Readers familiar with the role of the first image in the Agnus Dei and of the second in the Apostles’ Creed may still be surprised to discover the third labelled as liturgical. In this I reveal my own identity as an Anglican, as one of the most popular innovations in the modern Church of England has been the introduction of a concluding prayer that takes the prodigal son as its theme. Representative applications in art and music will be used to draw some tentative conclusions.
The Redemption of the Created Order: Sermons on Romans 8: 18–25
Authors: Shuster Marg Uerite
Published: November 2023

As Gerald O’Collins suggests in several different ways in his introduction to this volume, the hope of redemption may rightly be extended beyond humankind to the created order as a whole. Not only are creation and redemption tied together in so far as they occur through the mediation of Christ, but God’s promise is of a new earth as well as a new heaven—a whole redeemed universe. Not only human beings suffer the effects of human sin and thus stand in need of redemption, but also the rest of creation struggles, suffers, fails to reach its proper end, and deteriorates or dies. And scripture is explicit both that this futility seen in creation is on humankind’s account, and that creation’s deliverance is linked to that of humankind (Rom. 8: 19–23).
Introduction
Authors: Nazzini Renato
Published: November 2023

Concurrency is the main feature of competition law enforcement in the EU 1.01 and the UK. Administrative proceedings against undertakings suspected of having infringed the relevant competition law prohibitions may be brought by the Commission or any national competition authority in the EU. Any party affected by, or involved in, a competition law infringement may commence civil proceedings to seek damages, injunctive relief, or a declaration. In some European countries, including the UK, participation in a cartel may give rise to criminal prosecutions.
Concurrent Enforcement Of Competition Law
Authors: Nazzini Renato
Published: November 2023

The enforcement of competition law is characterized by a multiplicity of sanctions and remedies. The same set of facts may give rise to administrative and criminal sanctions as well as private law remedies.1 Administrative sanctions The evolution of the legal thinking on the right to damages for breach of Community competition law is reflected in J Temple Lang Antitrust Compliance and [1981] CML Rev Damages for Breach of Article Temple Lang Competition Actions in Member States—Claims for Damages, Declarations and Injunctions for Breach of Community Antitrust Law’ in BE Hawk (ed), Annual.
Judicial Proceedings
Authors: Nazzini Renato
Published: November 2023

This chapter analyses the different types of judicial proceedings in com-4.01 petition law matters. Judicial proceedings are proceedings where the final determination of rights and obligations is made by a court in the first place. In administrative proceedings, the final determination of the issues involved is made by the courts exercising judicial review or appeal jurisdiction over decisions or action by the administrative body. However, the case is determined, in the first place, by the administrative authority. In judicial proceedings, there is no final determination of the case as a whole before the judgment or the verdict of the court. Administrative authorities may bring
Stays
Authors: Nazzini Renato
Published: November 2023

The first area for consideration in the sphere of private law remedies arising out of competition law infringements relates to the relationship between administrative proceedings before the Commission of the European Communities or the national competition authority and civil proceedings in the English courts. There is a consistent body of case law on this subject. The principles can be considered settled. The Commission has also issued a Notice on cooperation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC.2
Criminalization Of Cartels
Authors: Nazzini Renato
Published: November 2023

This chapter focuses on criminalization of cartels in the UK and its interactions with civil proceedings and administrative proceedings by the OFT or the Commission. 9.02 Criminal sanctions for hard-core cartels in the UK were introduced in 2003. A clear procedural framework is needed, to avoid unnecessary litigation on procedural issues and unnecessary delays when the provisions in Part 6 of the Enterprise Act 2002 are applied.
Arbitration And Concurrent Proceedings
Authors: Nazzini Renato
Published: November 2023

Arbitral tribunals and competition authorities pursue different objectives and have jurisdiction in respect of different remedies. However, in the same way as national courts may exercise jurisdiction over the same factual matters as administrative bodies, arbitral tribunals may have to deal with the same factual matrix as is the subject matter of investigations by the Commission or national competition authorities. The case law of the Court of Justice on concurrent civil proceedings before national courts and administrative proceedings by the Commission does not apply to arbitration. Therefore, the arbitrators have no guidance on the principles that govern concurrent arbitral and administrative proceedings in competition law.
Characterization
Authors: Yeo Tm
Published: November 2023

The view which has been preferred so far is that choice of law is relevant 3.01 where equitable doctrines are sought to be applied in a case involving international elements, because there is nothing in the nature of the equit­ able rules of the law of the forum that requires their mandatory application, and that not all principles of equity form part of the fundamental public policy of the law of the forum, the mandatory rules of the forum, or are of such a formative nature that the law of the forum should always apply (Chapter 1). Instead, the same choice of law methodology and categories should be used irrespective of the historical origins of the domestic rules sought to be applied (Chapter 2).
Property
Authors: Yeo Tm
Published: November 2023

This chapter examines claims and issues involving equitable doctrines 6.01 that would or should be characterized as falling within the choice of law category of property and its various sub­categories. Section II analyses situations where equitable doctrines may be invoked in inter vivas property transactions. Section III deals with the trust, in particular the difficult question of the scope of application of the Hague Trusts Convention beyond an express trust that is evidenced in writing. This is an important question, because it determines whether the court should be looking at common law choice of law rules at all. Section IV considers issues relating to succession. Section V examines the scope of the choice of law category of matrimonial property, and considers its potential expansion to deal with more modern problems.
The Entrepreneurial Event Revisited Firm Formation in a Regional Context
Authors: Feldman Maryann P
Published: November 2023

Entrepreneurship and new-firm formation are central to current thinking about economic growth, especially at the regional level and specifically in the formation of regional clusters of industrial innovation. Start-up firms are the embodiment of innovation, especially for radical new technologies that are not easily absorbed into existing firms (Audretsch, 1995). New industries such as semiconductors, microcomputers, biotechnology, and information and communications technologies (ICT) have largely developed in geographically defined clusters, and although this phenomenon is certainly not new, places with such colorful names as Silicon Valley, Medical Alley, or Research Triangle have captured the public imagination as the vehicle for industrial change and economic development.
Deconstructing Clusters: Chaotic Concept or Policy Panacea?
Authors: Martin Ron , Sunley Peter
Published: November 2023

In recent years, there has been a growing interest in the role of location in the global economy. Some have argued that globalization is rendering the significance of location for economic activity increasingly irrelevant (O ‘Brien, 1992; Cairncross, 1997; Gray, 1998). Others, however, espouse the opposite view, that globalization is actually increasing rather than reducing the importance of location, that it is promoting greater regional economic distinctiveness, and that regional economies rather than national economies are now the salient foci of wealth creation and world trade (Ohmae, 1995; Coyle, 1997, 2001; Krugman, 1997; Storper, 1997; Porter, 1998a; Scott, 1998, 2001; Fujita et al., 2000).
The Tyranny of Light:The Temptations and the Paradoxes of the Information Society
Authors: Tsoukas Haridimos
Published: November 2023

The advent of the ‘information society’ (or ‘knowledge society’) has been enthusiastically hailed by several authors (Bell 1999; Drucker 1993; Nais bitt 1982; Thurow 2000; Toffler 1971). A society in which a wealth of information is immediately available for use by anyone concerned seems to fulfil the modern dream of the knowledgeable individual who, freed from the shackles of ignorance, can think for himself/herself and can undertake informed, responsible action. Indeed, a society in which information has become the most valuable resource holds out the promise, or so it seems, of the realization of one of the most cherished values in the western tradition: the making of a transparent, self-regulated society (Brin 1998; cf. Vattimo 1992). The assumption has been irresistibly powerful since the first days of the Enlightenment: the more human beings know, the more able they will be to control their destiny.
Chaos, Complexity, and Organization Theory
Authors: Tsoukas Haridimos
Published: November 2023

AT first glance it might seem odd that organization theory should concern itself with chaos. Since the study of organizational phenomena is its raison d’etre, it could plausibly be argued that organization theory has very little (if anything) to do with the study of the absence of organization; that is, with the study of disorganization or chaos. Such an argument, however, would not be convincing. Moreover, not only can organization and disorganization not be separated (one presupposes the other-see Cooper 1986); the very concept of disorganization, upon closer inspection, does not make much sense.
Complex Thinking, Complex Practice: The Case for a Narrative Approach to Organizational Complexity
Authors: Tsoukas Haridimos , Hatch Mary Jo
Published: November 2023

A central assumption in organization science has been that organization is an intrinsic feature of the social world. Social systems in general, and business organizations in particular, are thought to be organized in one way or another, and it is the task of organization scientists to find out how and why. To this end two schools of thought can be broadly distinguished. One is sociological-historical-anthropological in orientation; it seeks to produce ac counts explaining the specific features of organization(s), either by employing what Mohr (1982) called the ‘variance model’ of explanation, or through tracing back the lineage of organizational features to historical-cum-institutional or cultural factors (e.g. Geertz 1973; Granovetter 1992). There is a great deal of methodological and theoretical diversity within this school, but there is also a common theme: the social sciences can offer an account of social organization.
Noisy Organizations: Uncertainty, Complexity, Narrativity
Authors: Tsoukas Haridimos
Published: November 2023

Noise destroys and horrifies. But order and flat repetition are in the vicinity of death. Noise nourishes a new order. Organization, life and intelligent thought live between order and noise, between disorder and perfect harmony. If there were only order, if we only heard perfect harmonies, our stupidity would soon fall down towards a dreamless sleep; if we were always surrounded by the shivaree, we would lose our breath and our consistency, we would spread out among all the dancing atoms of the universe.
Institutional Transformation and System Change: Changes in the Corporate Governance of German Corporations
Authors: Lane Christel
Published: November 2023

After the collapse of state socialism, the focus of debate in the social sciences came to rest on differences within the capitalist world between different models of capitalist organization. Just ten years on, the debate has shifted further, and now there are being voiced both triumphant claims and fears that one model of capitalism-that of competitive or liberal market capitalism-is reshaping the institutions of other models. The fundamental and long-established differences between what has come to be known as organized or coordinated market economies and competitive or liberal market economies are said to be in the process of erosion.
Canadian Copyright Law and Its Charters
Authors: Gendreau Ysolde
Published: November 2023

More often than not, contemporary copyright debates focus on the advent of the digital world and on its impact on the evolution of copyright law. Commentary on the digitization of works, multimedia creations, internet transmissions, technical protection measures, and other technological issues abounds in conference papers and publications all over the world. The issues at stake are serious and so much attention is indeed warranted. Arising out of this movement has been a discussion on the effect of the extension of copyright in this new context on fundamental freedoms and rights. Thanks to proverbial hindsight, it seems surprising that such discussion has not been more prominent in the pre-digital age. There is nothing specifically technological about a conflict between copyright law and fundamental rights and freedoms. Once again, it appears that the digital revolution has helped to bring to the fore a strategic component of copyright law.
First Amendment Speech and the Digital Millennium Copyright Act: A Proper Marriage
Authors: Nimmer Raymond T
Published: November 2023

During the past three decades, our world has experienced the greatest explosion in innovation and the dissemination of information ever seen. Not co incidentally, this period also involved an expansion of intellectual property and other rights in information. Largely ignoring the connection between these two events, however, a group of academics and members of the public insistently campaign for narrowing property rights in information and retrenchment in areas of law such as copyright.
History of Universities
Authors: Feingold Mordechai
Published: November 2023

Volume XIX/2 of History of Universities contains the customary mix of learned articles, book reviews, conference reports, and bibliographical information, which makes this publication such an indispensable tool for the historian of higher education. Its contributions range widely geographically, chronologically, and in subject-matter. The volume is, as always, a lively combination of original research and invaluable reference material.
The Lost Library of Nicolas de Nancel
Authors: Sharratt Peter
Published: November 2023

The present study aims to make accessible a little-known Latin document, first published in 1603, which contains a lively account of the reading, writing, and editorial practice of a late-Renaissance poly–math, and sheds new light on contemporary authorship and publishing in France, Italy, Germany, Switzerland, and the Low Countries. Its author, Nicolas de Nancel (1539-1610), pupil, then colleague, secretary and biographer of Peter Ramus, was a prolific writer on a great variety of subjects, a university professor (or rather teacher) in Paris and Douai (1562-4), a scholar, a translator and editor of Greek texts (most of which appear to have been lost), a mathematician and writer of medical treatises, as well as being a practising doctor in Tours from 1569, and at Font evrault from 1587 to the royal abbess, Éléonore de Bourbon, and her community of nuns.
The Ironies of Merit and Modernity
Authors: Rothblatt Sheldon
Published: November 2023

These three books are examples of the width of historical and sociological inquiry into higher education, the sub-fields that have long since arisen, and the particulate matter of which the university, the ‘multiversity’, and its history is composed. Of the three works, Daniel Guhr’s study of the policies and patterns governing access to higher education and Morton and Phyllis Keller’s comprehensive study of Harvard overlap in chronology and in one major theme. Consequently, two utterly different studies in tone, material and form unexpectedly reinforce one another to a greater extent than does Colin Barr’s book on the formation of the Catholic University of Ireland. The first two cover the immediate past half century, while Barr takes us back to Victorian Ireland and to an historiographical dispute that, from a narrow present-day perspective, seems almost quaint.
Introduction
Authors: Bovis Christopher
Published: November 2023

The regulation of public procurement in the European Union has multiple dimensions as a discipline of European law and policy, directly relevant to the fundamental principles of the common market, and as a policy instrument in the hands of member states. The purpose of the regulation of public procurement is to insert a regime of competitiveness in the relevant markets and eliminate all non-tariff barriers to intra-community trade that emanate from preferential purchasing practices which favour national undertakings.
The Judicial Nature of Public Procurement
Authors: Bovis Christopher
Published: November 2023

The implementation of Public Procurement Directives by member states through the enactment of national legislation or the employment of administrative practices has been subject to judicial control at Community level and at national level. The judicial control of the implementation of the public procurement regime at Community level has a centralized orientation and reveals its horizontal effects, as it is directed to the demand side of the public procurement equation (contracting authorities) and focuses primarily on compliance procedures under Article 169 EC before the European Court of Justice, where the European Commission asks the Court to condemn a member state’s failure to comply with European Community law.
The New Public Procurement Regime
Authors: Bovis Christopher
Published: November 2023

The process of the liberalization of public procurement in the European Union has two primary objectives: i) to achieve an open and competitive regime of public purchasing which would yield substantial savings to the public sector, and ii) to act as a stimulant for the much needed restructuring and adjustment of the European industrial base. When compared with other advanced integrated economic or political systems, the regulation of public procurement in the European Union has no precedence.