bluuebunny/crossref_metadata_2025 huggingface dataset:
Managing flexibility in supply chains: mathematical analysis of dual sourcing systems
Authors: Devalkar Sripad K , Seshadri Sridhar
Published: August 2024

Accepted by: Konstantinos Nikolopoulos

The COVID 19 pandemic forced supply chain managers to explore different ways to cope with rapid changes in supply, manufacturing, distribution and demand. The lessons learnt from that experience is that flexibility in responding to demand and modularity must be planned at every stage. Along with planning, we argue that execution becomes challenging and is equally important to consider when making plans. We illustrate with a broad category of flexibility and modularity, dual sourcing, and how management mathematics can be used to manage these systems and understand the cost of execution. Dual sourcing has been used to manage the trade-off between cost and responsiveness by firms and has received considerable attention in academic literature. It is known that except in special cases, the optimal sourcing policy does not have an easy structure that is practically appealing and can be used by managers. Over the last decade and half, researchers have developed various management mathematics techniques and analyzed the performance of heuristic policies. This paper presents a discussion of the results in a few key papers related to the dual-sourcing inventory management problem and recent distribution free results in asymptotic regions. The asymptotic regimes considered include systems where the lead-time from the slower supplier is significantly higher than that from the closer, faster supplier and conditions where the unit cost of procurement is significantly higher compared to the unit cost of carrying inventory. These regimes represent different conditions about how valuable or costly using the faster supplier is and illustrate the value of simple heuristic policies and characterize the cost of these heuristics. The key learnings are that optimal ordering decisions may be robust to misspecification of demand distribution and managers only need summary statistics, such as the average and standard deviation of demand to determine the order quantities from the different suppliers. Managers could also consider ways to roll out new planning and control systems for managing multiple suppliers.
Forum: Dead-Ends, Disasters, Delays? Reflecting on Research Failure in International Studies and Ways to Avoid It
Authors: Meibauer Gustav , Renic Neil C , Rodehau-Noack Johanna , Braun Christian Nikolaus , Davis Amber , Glencross Andrew , Vaha Milla , Temel Vuslat Nur Şahin , Hartnett Liane , Andrä Christine , Smith Karen E
Published: August 2024

This forum urges international relations (IR) practitioners to rethink the nature of both failure and success, and their own responsibility in building an academy that enables scholars of all backgrounds to thrive. Reflecting on their own experiences, the contributors detail factors that commonly stymie promising work in IR. These range from the quotidian—rejections during peer review and frustrations around network-building—to more serious impediments, including the growing neoliberalization of the academy, employment precarity, illness and disability, and limits on academic freedom. The forum offers four central insights: First, we must recognize the difference between constructive and non-constructive research failure and create greater space for the former. Second, we must work harder to identify and address those contributors to research failure that should not be tolerated. This includes a recognition of privilege and positionality and an understanding of failure as fundamentally situational. Concurrently, third, we must also resist narratives that fetishize meritocracy and individual resilience, and render invisible structural barriers to success. Finally, we must better distinguish researcher failure from research failure. The barriers that slow or foreclose promising research harm not only our intellectual community but also our discipline, limiting its potential to address the most significant challenges of the present moment.
When sexual distress shares the bed: the role of sexual self-esteem in the relationship between dispositional mindfulness and sexual distress in sex therapy patients
Authors: Godbout Natacha , Martel Nadia Willard , Gewirtz-Meydan Ateret , Girard Marianne , Hébert Martine
Published: August 2024

Background

Sexual distress (eg, feeling distressed, unhappy, frustrated, stressed, dissatisfied, or bothered about their sexuality) is a central concern reported by patients seeking sex therapy, and might be related to sexual self-esteem and mindfulness disposition, yet research is needed to examine the links among those variables within the specific population of patients seeking therapy.

Aim

This study aimed to examine the indirect role of sexual self-esteem in the relationship between dispositional mindfulness and sexual distress.

Methods

The study was conducted among 696 patients undergoing sexual therapy (mean age 34.19 ± 11.21 years, age range 18-78 years). Participants identified as women (57.3%), men (38.5%), or nonbinary (4.2%). They completed self-report questionnaires assessing dispositional mindfulness (Five Facet Mindfulness Questionnaire), sexual self-esteem (Multidimensional Sexuality Questionnaire), and sexual distress (Sexual Distress Scale–Revised), during their first few sessions (ie, first to third sessions [the assessment phase]).

Outcomes

Sexual distress was the main outcome, as measured with the Sexual Distress Scale–Revised.

Results

Results indicated that 54% (n = 376) of patients reported elevated sexual distress based on the questionnaire threshold score. Path analyses indicated an indirect effect in which higher dispositional mindfulness was associated with higher levels of sexual self-esteem, which in turn was associated with lower sexual distress. Results also highlighted that specific facets of mindfulness were related to higher sexual self-esteem (ie, describing, and nonreacting) and lower sexual distress (ie, nonjudgment and acting with awareness). The integrative model explained 23% of the variance of sexual distress scores.

Clinical Implication

Findings suggest that addressing specifically sexual self-esteem and mindfulness may represent relevant clinical avenues to reduce sexual distress among sex therapy patients.

Strengths and Limitations

Strengths of this study include the novel examination of the role of sexual self-esteem in the link between mindfulness disposition and sexual distress in a large clinical sample of patients seeking sex therapy. Limitations includes reliance on patient self-report and a cross-sectional design that limit conclusion regarding causality.

Conclusion

This study makes a valuable contribution to the existing body of research highlighting the pivotal roles of sexual self-esteem in the link between dispositional mindfulness and reduced sexual distress among adults undergoing sex therapy, allowing us to identify potential targets of intervention.
Non-specific phospholipase C3 is involved in endoplasmic reticulum stress tolerance in Arabidopsis
Authors: Ngo Anh H , Angkawijaya Artik Elisa , Nakamura Yuki , Kanehara Kazue
Published: August 2024

Non-specific phospholipase C (NPC) is an emerging family of lipolytic enzymes unique to plants and bacteria that play crucial roles in growth and stress responses. Among six copies of NPC isoforms found in Arabidopsis, the role of NPC3 remains elusive to date. Here, we show that NPC3 is a functional non-specific phospholipase C involved in tolerance to tunicamycin (TM)-induced endoplasmic reticulum (ER) stress through the synthesis of phosphocholine (PCho), a reaction product of NPC3. The npc3 mutant exhibited reduced sensitivity to TM treatment. Recombinant NPC3 possessed pronounced phospholipase C activity that hydrolyses phosphatidylcholine (PC). The hyposensitivity of npc3 to TM treatment was complemented by exogenous PCho, suggesting that NPC3-catalysed PCho production is involved in TM-induced ER stress tolerance. NPC3 was localized at the ER and was predominantly expressed in the roots, and it was further induced by TM-induced ER stress. Intriguingly, npc3 mutants showed a markedly reduced PCho content in shoots under ER stress. Our results indicate that ER stress induces NPC3 to produce PCho, which is involved in TM-induced ER stress tolerance.
The role of lysophosphatidic acid acyltransferase 1 in reproductive growth of Arabidopsis thaliana
Authors: Barroga Niña Alyssa M , Nguyen Van C , Nakamura Yuki
Published: August 2024

Lysophosphatidic acid acyltransferase1 (LPAT1) catalyzes the second step of de novo glycerolipid biosynthesis in chloroplasts. However, the embryonic-lethal phenotype of the knockout mutant suggested an unknown role for LPAT1 in non-photosynthetic reproductive organs. Reciprocal genetic crossing of the lpat1-1 heterozygous line suggested a female gametophytic defect of the lpat1-1 knockout mutant. By suppressing LPAT1 specifically during seed development, we showed that LPAT1 suppression affected silique growth and seed production. Glycerolipid analysis of the LPAT1 knockdown lines revealed a pronounced decrease of phosphatidylcholine (PC) content in mature siliques along with an altered polyunsaturation level of the polar glycerolipids. In seeds, the acyl composition of triacylglycerol (TAG) was altered albeit not the content. These results indicate that plastidic LPAT1 plays an important role in reproductive growth and extraplastidic glycerolipid metabolism involving PC and TAG.
Patent Litigation in China
Authors: Xu Alan
Published: August 2024

This chapter talks about how the Chinese Patent Law was first enacted in 1984 when China adopted the national policy of reform and opening up. Most of the terms, concepts, and principles under the Patent Law were directly transplanted from western countries and were adapted to China's special national conditions. It cannot be overstated that in patent law, “the name of the game is the claim.” Patent claims are the touchstones of patent protection, what is often referred to as the “metes and bounds” of the patentee's protected interest. Claims are comprised of words, and the words must be given meaning (or interpreted). Therefore, patent claim interpretation is the first step for the analysis of patent infringement — to identify the scope of patent rights.
Competition Law and Industrial Policy in China
Authors: Ong Burton , Tao Tao
Published: August 2024

This chapter explores how competition law and industrial policy necessarily operate within jurisdiction-specific economic, political, and social contexts, resulting in legal frameworks which incorporate broader policy considerations that determine the specific contours of the legal prohibitions against anti-competitive conduct. As a rapidly developing economy with ambitious industrialization goals, China provides a good example of the nexus between competition law and industrial policy in the last decade when its cross-sectoral AML came into force. The chapter examines the interaction between China's competition law and industrial policy frameworks, focusing on how its competition authorities and courts have applied the AML to cases with broader national economic implications.
The Oligopoly Problem in Competition Law
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo
Published: August 2024

This chapter examines the oligopoly problem in EU and UK competition law. It first provides an overview of the main oligopolistic models used in competition law and game theory before discussing the economics of collusion and how collusion differs from uncoordinated competitive rivalry. It then considers ‘unilateral effects’ caused by a merger between two competitors and how they can be balanced by efficiency improvements of the merged entity. It also describes the main models of oligopolistic (uncoordinated) competition, the challenges involved in designing a competition law regime that would tackle the harmful effects of oligopoly, and the limits of Article 101 TFEU and Chapter I CA 1998 with regard to the communications-based approach to collusion. The chapter concludes with an analysis of concerted practices and parallel conduct, noting that collusion will not be inferred from parallel conduct unless it does not make commercial sense otherwise.
Supplement to Chapter 9
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo
Published: August 2024

This supplement to Chapter 9 presents case studies on abuse of a dominant position, beginning with NV Nederlandsche Banden Industrie Michelin v Commission (1983), in which the European Commission ruled that Michelin's incentive rebates constituted an abuse of its dominant position over the supply of tyres for heavy vehicles in the Netherlands to retailers for the replacement market, to the exclusion of retreads. Also discussed is Commission's decision in 2001 that Michelin had abused its dominant position in the French markets for new replacement tyres and retreaded tyres for heavy vehicles by implementing a complex pricing system, along with the case of Intel Corp. that highlights the condition of exclusivity (de jure or de facto) and how it raises the anticompetitive problem of rebates.
Choice-of-court Agreements under the European and International Instruments
Authors: Hartley Trevor C
Published: August 2024

The Hague Convention on Choice of Court Agreements came into force on 1 October 2015. This online-only update considers the changes that the Convention will introduce, as well as recent case law affecting choice-of court agreements considered in the original text. The Convention, while excluding insurance contracts in general, makes a number of significant exceptions to this category in the interests of consumer and business protection, which this online-only update reviews in detail. The update also considers recent cases and developments in jurisdiction, asymmetric choice-of-court agreements, potential benefits to third parties, electronic communications, and damages for unlawful litigation.
Update to Chapter 16: Recognition and Enforcement of Judgments
Authors: Hartley Trevor C
Published: August 2024

This chapter provides an overview of recognition and enforcement of judgments. The relevant provisions in Brussels and Lugano are in Chapter III of each instrument (and for authentic instruments and court settlements, Chapter IV); in Hague, the relevant provisions are in Chapter III. These provisions apply only to judgments, authentic instruments, and court settlements from States covered by the instrument in question. Under Brussels and Lugano, the basic principle is that every judgment from the courts of another EU or Lugano State should be recognized and, where appropriate, enforced. Non-recognition or non-enforcement is the exception. As a result, in determining whether a particular judgment should be recognized and enforced, one does not start by considering the requirements for recognition in order to see whether they are satisfied. Instead, one looks at the grounds for non-recognition to see whether any of them applies.
Jurisdiction in Matters of Parental Responsibility—Chapter II, Section 2
Authors: Wilderspin Michael
Published: August 2024

This chapter tackles the jurisdiction surrounding parental responsibility under the Brussels IIb Regulation. It mentions how the Regulation’s Chapter II, Section 2 underwent significant changes as the issue of child abduction has been moved to its chapter, while its special provision on retention of jurisdiction in the case of international child abduction remains. Article 7(1) is the cornerstone of the system of jurisdiction applicable in matters of parental responsibility concerning the criterion of proximity, which is subject to certain exceptions. Additionally, Article 21 provides for the right of the child to express their views. The chapter explains how Brussels IIb Regulation contains no rules on the designation of the law applicable in matters of parental responsibility, but all the Member States are Contracting Parties to the 1996 Child Protection Convention.
International Child Abduction—Chapter III of the Regulation
Authors: Wilderspin Michael
Published: August 2024

This chapter explains the expansion of the international child abduction article in the Brussels IIb Regulation. It starts with the scheme of the 1980 Hague Abduction Convention that aims to secure the prompt return of children under the age of sixteen who have been wrongfully removed or retained in a Contracting State. According to the European Court of Human Rights (ECtHR), the failure to act speedily to ensure the return of the child is a breach of the right to family life of the parent left behind. The chapter looks into the application of the Abduction Convention and the Brussels IIb Regulation under the notion of international child abduction. It also elaborates on Chapter III articles featuring child abduction of the Brussels IIb Regulation.
Relations with Other International Instruments
Authors: Wilderspin Michael
Published: August 2024

This chapter explains how Brussels IIb Regulation formed part of a complex network of instruments applicable in the field of private international law of the family. The Brussels IIb Regulation follows the pattern adopted in the other EU regulations by overriding or taking precedence over international conventions insofar concluded among the Member States. The chapter elaborates on the correlation of EU regulations with the 1980 Hague Abduction Convention and the 1996 Hague Child Protection Convention. According to Article 98, agreements and conventions referred to in Articles 94 to 97 shall continue to have effect concerning matters not governed by this Regulation. The chapter also covers treaties with the Holy See and other existing bilateral conventions with third countries.
Predictability
Authors: Wood Philip R
Published: August 2024

This chapter reviews comparatively the predictability of contracts, especially the role of codification, binding judicial precedent, and the doctrine internationally of good faith in contract, especially in England, New York, France, and Germany, and other main jurisdictions. It reviews the good faith doctrine comparatively in relation to contract terminations, heads of terms, pre-contract disclosure, hardship clauses, and other cases. It discusses the application of the doctrine of good faith internationally to consents and discretions of one party to a contract, a contract to to negotiate in good faith, and the filling-in of inadequate contracts to give them business efficacy. It reviews the reasons that English and New York courts do not usually override the express terms of contracts by reason of the good faith doctrine, but the courts of France and Germany may do so.
Courts, Litigation, and Arbitration
Authors: Wood Philip R
Published: August 2024

This chapter reviews the important characteristics of the judiciary of a jurisdiction, including business orientation, risks involved in the choice of courts, the reasons for a particular choice of courts, and some key indicators of litigation, including US litigation, as well as class actions and discovery of documents. It discusses pre-judgment freezes, the enforcement of foreign judgments, sovereign immunity, and the advantages and disadvantages of arbitration. Parties are generally able to choose the jurisdiction to hear disputes on their contract. A choice of courts to back up the choice of governing law is crucial for a number of reasons, including to benefit from the predictability approach in interpretation of contracts; to coincide the choice of courts with the governing law; to benefit from the commerciality, business orientation, and expertise of the chosen courts; to benefit from their favourable conflict of laws rules of the chosen court; to improve the insulation from foreign laws; and to avoid adverse mandatory rules of the forum.
Background and Introduction to the Regulation
Authors: Dickinson Andrew
Published: August 2024

This chapter presents the background and introduction to Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast) that was adopted on 12 December 2012. Topics covered include a review of the original Brussels I Regulation; publication of the Commission’s Proposal to Recast the Brussels I Regulation on 14 December 2010; the legislative process; amendment of the Recast Regulation in relation to the European Patent Court; comparison of the 2001 and Recast Regulations; approach to interpretation; the Regulation’s relationship with other instruments; the Regulation’s relationship with national law and procedure; fundamental rights and freedoms; and the Brussels I Regulation and third states.
Exclusive Jurisdiction
Authors: Lehmann Matthias
Published: August 2024

This chapter discusses Art 24 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast) on the exclusive jurisdiction of courts of a Member State. It covers exclusive jurisdiction relating to immovable property, companies, entries in public registers, intellectual property rights, and enforcement of judgments.
Prorogation of Jurisdiction
Authors: Garcimartín Francisco
Published: August 2024

This chapter discusses Arts 25 and 26 that comprise Section 7 (‘Prorogation of jurisdiction’) of Chapter II on the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). The former deals with submission by an ex ante agreement, the latter deals with submission by appearance.
General Provisions
Authors: George Martin , Fitchen Jonathan , Ancel Marie-Elodie
Published: August 2024

This chapter discusses Arts 61-65 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). It covers provisions on the abolition of legalization requirements, the concept of domicile, legal representation before criminal courts, and third-party notices.
Introduction
Authors: Raphael Thomas
Published: August 2024

This introductory chapter provides an overview of anti-suit injunctions. An anti-suit injunction, in its most typical form, orders a party to cease to pursue, or not to commence, court proceedings abroad. It is backed by the threat of punishment for contempt of court if it is not obeyed. It is little surprise that it is one of the most controversial and contested remedies in the court's armoury. Anti-suit injunctions have been criticized, especially by authors and judges from civil law systems, where anti-suit injunctions are largely although not entirely unfamiliar. It has been argued that they are irreconcilable with international comity and public international law, and amount to an unjustifiable interference with the sovereignty of the foreign state and the jurisdiction of the foreign court. Yet there should be little doubt about the power of the remedy as a practical tool. The chapter then looks at anti-suit injunctions in other legal systems.
Injunctions in Relation to Proceedings in England and Wales
Authors: Raphael Thomas
Published: August 2024

This chapter examines the power of granting injunctions in relation to English proceedings. Injunctions to restrain the pursuit of court proceedings within the jurisdiction were granted with some frequency in the immediate aftermath of the Judicature Acts. However, in modern times, the practice has become rare, with the exception of the special case of injunctions in the context of insolvency. Nevertheless, the power to grant anti-suit injunctions in respect of English proceedings continues to exist and can be exercised in appropriate situations. The power to restrain proceedings before another court or an arbitration tribunal in England by injunction appears to be exercised under section 37(1) of the Supreme Court Act 1981. In certain cases, the injunction has been viewed as granted under the court's ‘inherent jurisdiction’ to prevent an abuse of its process, but it is suggested this is an unnecessary complication.
Strong Reasons and Discretion
Authors: Raphael Thomas
Published: August 2024

This chapter addresses the application of two key aspects of the Angelic Grace principles: the concept of ‘strong reasons’ not to enforce an exclusive forum clause, and the operation of the Court's discretion. These two concepts overlap. The binding force of an exclusive forum clause shapes and changes the exercise of the court's discretion. The exclusive forum clause will ‘ordinarily’ be enforced by anti-suit injunction unless there are ‘strong reasons’ not to do so. However, the anti-suit injunction remains a discretionary remedy. Further, according to the current case law, it seems that the requirement of ‘strong reasons’ does not govern all discretionary factors. The chapter then considers the cases which, applying The Angelic Grace, have developed and applied principles governing ‘strong reasons’, and shaping the court's discretion more generally, in relation to anti-suit injunctions in contractual situations.
Quasi-Contractual Anti-Suit Injunctions
Authors: Raphael Thomas
Published: August 2024

This chapter assesses quasi-contractual anti-suit injunctions. The term ‘quasi-contractual’ refers to anti-suit injunctions which are granted where the injunction defendant may not fully be party to and bound by a contractual forum clause as a matter of contract law, but should nevertheless be required to comply with the effect of the clause, ‘as if’ the injunction was contractual. There are two types of case where quasi-contractual injunctions may be granted: third party situations and cases where the injunction claimant himself denies that the exclusive forum clause is binding. There is a variety of rules under which a third party can become, or be deemed to become, an actual contracting party who acquires the burden together with the benefit of the contract. Moreover, a third party may obtain derived rights under or in respect of a contract without becoming party to the contract.
Anti-Suit Injunctions and European Jurisdictional Law
Authors: Raphael Thomas
Published: August 2024

This chapter studies the relationship between anti-suit injunctions and European law as matters stand pre-Brexit, and on the working assumption that the European jurisdictional instruments will continue to operate in similar form between the UK and the EU states for at least some time after Brexit. A collision between the common law approach to anti-suit injunctions and the rigid jurisdictional rules of the Brussels–Lugano regime was inevitable from the moment of the UK's accession to the Brussels Convention, and its implementation by the Civil Jurisdiction and Judgments Act 1982. The English courts saw no incompatibility between the grant of an anti-suit injunction and the United Kingdom's obligations under the Brussels–Lugano regime, although there was a lack of reasoning as to why this was so.
Claims for Damages
Authors: Raphael Thomas
Published: August 2024

This chapter focuses on claims for damages. Damages are, in general, an inadequate remedy for breach of an exclusive forum clause. Where proceedings have been brought in breach of an exclusive forum clause, the innocent party is entitled to recover damages for any sufficiently proximate losses caused by the breach, except where this is precluded by public policy. However, there are uncertainties which have not yet been fully clarified in relation to what can amount to a breach, what kinds of losses are sufficiently proximate, and what the relevant rules of public policy should be. Two main categories of loss need to be considered, namely legal costs and legal liabilities. The chapter then considers the three possible routes for awarding damages in respect of losses suffered as a result of supposedly ‘wrongful’ foreign proceedings which are not in breach of contract.
Jurisdiction under the Common Law Rules
Authors: Raphael Thomas
Published: August 2024

This chapter looks at jurisdiction under the common law rules. The ‘common law’ rules of jurisdiction apply where the subject matter of the proceedings is outside the material scope of the Brussels–Lugano regime, and also, through Article 6 of the Brussels I Recast, where the defendant is domiciled outside the Brussels–Lugano zone. Jurisdiction under the common law rules is based on service of originating process on the defendant. However, at common law, proceedings can only be served within ‘the jurisdiction’, that is England and Wales, unless there is statutory authority permitting service out of the jurisdiction. The common law rules of jurisdiction therefore consist, in essence, of the rules by which service may be effected within the jurisdiction; and the rules which give the Court power to grant permission to serve proceedings out of the jurisdiction.
Belgium
Authors: Verbist Herman , van Houtte Hans
Published: August 2024

This chapter deals with the arbitration system of Belgium, starting with a short historical background on the country’s arbitration law and an overview of the current status of the law. It then explains the distinction between national and international arbitration, the practice of arbitration in Belgium, and the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself (eg arbitration clauses and submission agreements, requirements as to the contents of the arbitration agreement); arbitrability (‘personal arbitrability’, ‘objective arbitrability’); and decision on the arbitral tribunal’s jurisdiction (competence-competence). The chapter also examines the constitution of the arbitral tribunal (eg number and qualification of arbitrators, appointment of arbitrators); arbitral procedure (eg determination of the place of arbitration; procedural rules on witnesses and experts); deliberations and agreement on the arbitral award; and the question of liability of arbitrators. Finally, the enforcement rules for national awards versus foreign awards are analysed.
People’s Republic of China and Hong Kong
Authors: Yeoh Friven , Ang Desmond
Published: August 2024

This chapter provides an overview of the arbitration system of the People’s Republic of China (PRC) and Hong Kong, first by tracing the history of the arbitration law in both countries and then discussing the current status of the law. It also explains the distinction between national and international arbitration, the practice of arbitration in PRC and Hong Kong, and the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself, focusing on arbitration clauses and submission agreements as well as the law applicable to the interpretation of arbitration clauses. The chapter goes on to analyse arbitrability, decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), the constitution of the arbitral tribunal (eg, appointment of arbitrators), the arbitral procedure, deliberations on the arbitral award, form of award and deposition, and the question of liability of arbitrators. Finally, the enforcement rules for national awards and foreign awards are examined.
Sweden
Authors: Oldenstam Robin , von Pachelbel Johann
Published: August 2024

This chapter discusses the arbitration system of Sweden. It first traces the history of arbitration law in Sweden before analysing the current status of the law, the distinction between national and international arbitration, and the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, focusing on the arbitration agreement itself (eg, requirements as to the contents of the agreement, applicable law with regard to the interpretation of arbitration clauses), the issue of arbitrability in the context of international arbitration (‘personal arbitrability’, ‘objective arbitrability’), and termination of an arbitration agreement by a party. The chapter also examines the composition and appointment of the arbitral tribunal, extent of party autonomy to determine the arbitral procedure, how the arbitral award is determined and rendered, and the question of liability of arbitrators. Finally, it analyses the enforcement of national and foreign awards in Sweden.
Switzerland
Authors: Karrer Pierre A
Published: August 2024

This chapter examines the arbitration system of Switzerland. It begins with a discussion of the history of arbitration law in Switzerland, the current status of the law, the distinction between national and international arbitration, and the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, with particular emphasis on the arbitration agreement itself (eg, arbitration clause and submission agreement, binding effect of an arbitration clause on third parties), the issue of arbitrability in the context of international arbitration, and decision on the arbitral tribunal’s jurisdiction (‘competence–competence’). The chapter also looks at the composition of the arbitral tribunal, and especially how arbitrators are appointed and replaced, as well as the general principles of the arbitral procedure, types of arbitral awards rendered, and the question of liability of arbitrators. Finally, it analyses the enforcement of national and foreign awards in Switzerland.
The General Block Exemption Regulation
Authors: Bacon Kelyn
Published: August 2024

This chapter gives an outline of the scope of the General Block Exemption Regulation (GBER), and sets out the common conditions and procedural provisions that are applicable to all types of aid covered by the GBER by way of introduction to subsequent chapters which consider the detailed GBER provisions applicable to different types of aid. Common conditions such as general and sectoral exclusions, aid thresholds, evaluation plans and the transparency requirement are discussed, as well as the procedural provisions for publication, reporting and monitoring of State aid that is granted under the GBER.
Training and Employment Aid
Authors: Bacon Kelyn
Published: August 2024

This chapter discusses the application of the State aid rules to training and employment support measures. It considers the situations in which State support for training and employment will fall outside the definition of aid under Article 107(1), and the application of the General Block Exemption Regulation (GBER) to support measures that do fall within the definition of State aid, including discussion of particular types of aid such as training aid and aid for disadvantaged and workers with disabilities. The chapter concludes with a discussion of aid falling outside the scope of the GBER which may nevertheless be authorised under Article 107(3) and the application of the Commission’s Training and Employment Communications in such situations.
Financial Services
Authors: Bacon Kelyn
Published: August 2024

This chapter deals with the State aid rules applicable to financial services. It begins with a historical account of the situation regarding State aid rules in this sector before, during and after the financial crisis, and provides an outline of the Crisis Framework and Banking Union mechanisms. After a discussion of specific issues regarding the existence and quantification of support for financial services undertakings, the chapter deals with the compatibility of crisis aid under the Crisis Framework Communications and Banking Union legislation. The chapter concludes with a discussion of specific procedural issues arising in relation to financial services aid, including the use of monitoring and divestiture trustees and the implementation of restructuring commitments.
Overview
Authors: Cox Johanne M
Published: August 2024

This chapter provides an overview of expropriation and how it is applied in investment treaty arbitration. It first considers the concept of expropriation under customary international law and its relevance today as bilateral investment treaties (BITs) continue to proliferate, along with regional and multilateral agreements such as the 1981 OIC Agreement, the 1992 North America Free Trade Agreement (NAFTA), the 1994 Energy Charter Treaty (ECT), the 2006 Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR), and the 2009 ASEAN Comprehensive Investment Agreement. The chapter also traces the historical evolution of expropriation in international law, from the UN General Assembly Resolutions of the 1960s and 1970s to the emergence of international investment treaties as an influential factor in the formation of customary international law.
Creeping Expropriation
Authors: Cox Johanne M
Published: August 2024

This chapter focuses on creeping expropriation, a form of indirect expropriation which often manifests itself in cases of regulatory, contractual and judicial expropriation. There are two main points to consider in instances of creeping expropriations in investment treaty arbitration: first, the measures in the chain of events which are said to constitute the expropriation, and second, the final act or omission which crystalises the taking (that is, the measure that becomes the ‘final straw’). The chapter discusses several cases of creeping expropriation, including three handled by the Iran–US Tribunal: Phelps Dodge Corp v Islamic Republic of Iran, Amoco International Finance Corporation v Islamic Republic of Iran, and Phillips Petroleum Company v Islamic Republic of Iran. Investment treaty tribunals have also recognised the concept of creeping expropriation in cases such as Waste Management, Inc. v. United Mexican States and Generation Ukraine v. Ukraine.
Electronic Systems for Cargo Insurance
Authors: Goldby Miriam
Published: August 2024

This concluding chapter examines electronic systems set up for the issue and transfer of cargo insurance documents. The availability of electronic services and solutions in this field has progressed rapidly in recent years, with the introduction of electronic infrastructures and messaging platforms. Nevertheless, although the use of electronic communications for certain aspects of the insurance business has increased dramatically, some practical barriers remain, such that a full transition to electronic media has not yet occurred. The chapter then considers these practical barriers in the context of placing, issuing evidence of cover, and claims processes. The barriers in the placing process include cultural resistance; unequal progress being made by different participants in the market in establishing and refining systems for electronic communication; the need for the electronic processes to mirror and integrate with existing practices; and finally the costs involved in innovating.
Equitable Compensation for Breach of Trust
Authors: Clarry Daniel
Published: August 2024

This chapter deals with ‘equitable compensation’ for breach of trust — one of the central areas of judicial intervention in trust administration that is dependent upon, and responsive to, a breach of trust. The Court will not allow a trust to fail for maladministration, arguing that a trust cannot be reduced to a principle of ‘pay or perform’. The principles that justify and unify the supervisory jurisdiction over trust administration in facilitating the ongoing performance of trusts as their central focus permeate through the judicial function in fixing liability to compensate for breach of trust and the restoration of trust property, so that a trust can continue to be performed above and beyond breach of trust or maladministration.
Article 2: Consultation on Evidentiary Issues
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas
Published: August 2024

This chapter focuses on Article 2 of the IBA Rules. Article 2 is a new provision introduced by the current IBA Rules, and it consists of three parts. First, it provides for a mandatory consultation between the tribunal and the parties at the earliest appropriate time in the proceedings with the objective of agreeing on an ‘efficient, economical and fair process for the taking of evidence’. Second, it provides a framework for discussing evidentiary issues; it sets out a non-exhaustive list of evidentiary matters that the tribunal and parties may wish to consider during the mandatory consultation. Third, it encourages, but does not require, the tribunal to identify to the parties, as soon as it considers it to be appropriate, any issues (i) that the tribunal may regard as relevant to the case and material to its outcome; and/or (ii) for which a preliminary determination may be appropriate.
Financial Assets and Investment Risk
Authors: van Setten Lodewijk
Published: August 2024

This chapter focuses on the economic concept of financial assets and the notion of investment risk. After explaining what a financial asset is, it considers the various categories of financial assets and their risk and return properties. Primary financial assets, namely, equity and debt interests, are discussed, along with secondary financial assets such as collective investment and securitisation schemes. The chapter goes on to examine meta financial assets, such as derivatives; several financing techniques used by participants in the financial markets; investment risk and how it is measured; and the effect of covariance on the investment risk of a portfolio of financial assets, taking into account investment risk reduction through diversification and the practice of short selling. Finally, it analyses the use of the ‘Capital Asset Pricing Model’ (CAPM) to optimise risk and return relationships.
Cryptocurrencies in the Common Law of Property
Authors: Fox David
Published: August 2024

This chapter focuses on the characterisation and treatment of cryptocurrencies in the common law of property, using Bitcoin as the main example. It first examines how a crypto-coin might be viewed as an object of property, and more specifically whether it could make a suitable object for any regime of property rights at all, before discussing the fungibility, specificity, scarcity and exclusivity of cryptocurrencies in the context of property law. It then considers whether crypto-coins fall into either of the two conventionally recognised categories of personal property: choses in possession or choses in action. It also explores the applicability of rules of derivative transfer of title to crypto-coin transactions, and how the standard rules of following and tracing may be used for the identification and tracing of cryptocurrencies through mixtures. Finally, it looks at remedies available at common law and in equity for enforcing titles to cryptocurrencies.
What is Money?
Authors: Gleeson Simon
Published: August 2024

This chapter details how money is usually regarded as having three characteristics—a unit of account, a medium of exchange, and a store of value—and this can be described as the traditional rule of recognition for money-ness. However, it is important to note that not all things that have all three of these characteristics are money. Firstly, the status of unit of account is a purely theoretical construct—a coin may be created to represent the unit of account, but it is the unit of account which defines the coin and not vice versa. Secondly, money may be useless as a store of value whilst retaining its characteristics as both a unit of account and a medium of exchange. Finally, money need not exist to be money; a unit which does not exist cannot easily function as a medium of exchange.
Private and Public Virtual Currency
Authors: Gleeson Simon
Published: August 2024

This chapter focuses on the two classes of virtual currency: private and public. The main issue here is that the functionality of existing currency is composed of two elements—one is its acceptability as payment, and the other is the facility with which it can actually be transferred. With regards to real (physical) money, the latter is accomplished by a simple transfer of physical possession. However, the inconvenience of holding large amounts of value in the form of physical money has meant that since the earliest times, money has been held with third party custodians. This difficulty is a major reason for the existence of modern banks. It was really only with the creation of a technological solution to this problem that the existence of virtual currency outside the banking system became possible.
Recovery and REsolution Plans of Banks in the Context of the BRRD and the SRM
Authors: de Serière Victor
Published: August 2024

This chapter discusses the function of recovery and resolution plans in the context of bank restructuring as envisaged in EU legislation, particularly the EU Directive on the recovery and resolution of banks and investment firms (the Bank Resolution and Recovery Directive; BRRD) and the corresponding EU Regulation on the Single Resolution Mechanism Regulation (the SRMR). These EU rules require banks to develop recovery plans setting out road maps going forward towards recovery when they are struggling to survive, and require EU and national resolution authorities in co-operation with banks themselves to develop resolution plans in a scenario where recovery is no longer possible and ‘normal’ bankruptcy would be undesirable. The chapter examines whether or not these plans are theoretical exercises, and the extent to which they may provide useful guidance to regulators when dealing with a bank that fails or is likely to fail.
Bail-In
Authors: Gardella Anna
Published: August 2024

Bail-in is the most emblematic tool of the resolution authority’s toolkit; it epitomizes the policy goals embodied in resolution regime, notably internalization of losses to protect taxpayers and refrain from socializing banks’ failure costs. Still, the technical complexity required for its full implementation, early cases of partial application, and the incompleteness of its legislative and regulatory framework have raised criticism against the bail-in tool questioning its feasibility and credibility. Against this background, and after acknowledging that the timeline for its entry into force may have been overly ambitious, this chapter argues that the in order to ensure the credibility and feasibility of the tool, authorities and banks have to continue the preparatory work, in particular building-up the TLAC/MREL target and lay down processes for the execution of specific aspects of the implementation, also in co-ordination with other authorities and; stakeholders like capital markets authorities, regulated markets, and securities custodians.
Personal and Property Rights
Authors: Bamford Colin
Published: August 2024

The chapter explores the differences between property rights and rights that can be enforced only by action against a person. It contrasts the position in common law systems with that in civil law countries. The common law system is explained by looking at the development of equity and of the concepts of equitable ownership and of the trust. The chapter then examines the distinction by reference to case-law, particularly in relation to the mechanism of charge-backs. It then argues that the approach adopted by the common law is particularly well suited to the needs of financial transactions, in syndicated lending, bond issues, project financing, fund management and in allowing flexibility in the structuring of complex security arrangements.
Security Interests
Authors: Bamford Colin
Published: August 2024

The chapter discusses the ways in which a creditor can obtain the benefit of the value of an asset to support a debt that he is owed. By way of introduction, it examines the reasons for taking security, the difficulties of terminology, and the issues around registration. It then looks at the different forms of security, drawing a distinction between title-based security (mortgage, charge, pledge, lien, transfer of retention of title, and declaration of trust) and contract-based security, where the creditor looks to an asset as security without having any property interest in the asset. Examples given are set-off, netting, and running accounts. It then discusses reverse security, where the purpose of the arrangements is not to enhance the prospects of the creditor, but to limit the liability of the debtor. It discusses the use of special-purpose vehicles, third party security, and non-recourse and limited-recourse lending.