bluuebunny/crossref_metadata_2025 huggingface dataset:
Psychological interventions for depression and anxiety in patients with coronary heart disease, heart failure or atrial fibrillation: Cochrane systematic review and meta-analysis
Authors: Ski Chantal F , Taylor Rod S , McGuigan Karen , Long Linda , Lambert Jeffrey D , Richards Suzanne H , Thompson David R
Published: August 2024

Aims

Depression and anxiety occur frequently in individuals with cardiovascular disease and are associated with poor prognosis. This Cochrane systematic review and meta-analysis assessed the effectiveness of psychological interventions on psychological and clinical outcomes in adults with coronary heart disease (CHD), heart failure (HF) or atrial fibrillation (AF).

Methods and results

CENTRAL, MEDLINE, Embase, PsycINFO, and CINAHL databases were searched from January 2009 to July 2022 for randomized controlled trials of psychological interventions vs. controls in adults with CHD, HF, or AF. Twenty-one studies (n = 2591) were assessed using random-effects models. We found psychological interventions reduced depression [standardized mean difference (SMD) −0.36; 95% confidence interval (CI) −0.65 to −0.06; P = 0.02], anxiety (SMD −0.57; 95% CI −0.96 to −0.18; P = 0.004), and improved mental health-related quality of life (HRQoL) (SMD 0.63, 95% CI 0.01 to 1.26; P = 0.05) (follow-up 6–12 months), but not physical health-related quality of life, all-cause mortality or major adverse cardiovascular events compared with controls. High heterogeneity was present across meta-analyses. Meta-regression analysis showed that psychological interventions designed to target anxiety, were more effective than non-targeted interventions.

Conclusion

This review found that psychological interventions improved depression, anxiety and mental HRQoL, with those targeting anxiety to show most benefit. Given the statistical heterogeneity, the precise magnitude of effects remains uncertain. Increasing use of multifactorial psychological interventions shows promise for incorporating patient needs and preferences. Investigation of those at high risk of poor outcomes, comparison of intervention components and those with AF is warranted.
Modifiable risk factors and self-reported health after percutaneous coronary intervention: with and without a history of atrial fibrillation
Authors: Kjølseth Anniken Juvik , Norekvål Tone Merete , Brørs Gunhild , Hendriks Jeroen M , Risom Signe Stelling , Rotevatn Svein , Wentzel-Larsen Tore , Pettersen Trond Røed
Published: August 2024

Aims

Atrial fibrillation (AF) and coronary artery disease have several common risk factors, and 10–15% of patients with AF undergo percutaneous coronary intervention (PCI). Little is known about changes over time in modifiable risk factors and self-reported health in patients with and without a history of AF after PCI. Therefore, the aims were to determine and compare changes in modifiable risk factors and self-reported health in patients with and without a history of AF after PCI.

Methods and results

CONCARDPCI, a prospective multi-centre cohort study including patients after PCI, was conducted at seven high-volume PCI centres in Norway and Denmark (n = 3417). Of these, 408 had a history of AF. Data collection was conducted at the index admission and at 2-, 6-, and 12 months after discharge. Self-reported health was assessed with RAND-12 and the myocardial infarction dimensional assessment scale. Patients with a history of AF reported poorer health at baseline. However, the physical (P = 0.012) and mental (P < 0.001) health improved over time in both groups. The patients with a history of AF reported more emotional reactions (P = 0.029) and insecurities (P = 0.015). The proportion of smokers increased from 2- to 12 months in patients with a history of AF (P = 0.041), however, decreased in patients without AF from baseline to 6 months (P < 0.001).

Conclusion

An intensified focus on lifestyle interventions is needed to improve modifiable risk factors and self-reported health in patients with and without a history of AF after PCI.
Genetic Signatures of Positive Selection in Human Populations Adapted to High Altitude in Papua New Guinea
Authors: González-Buenfil Ram , Vieyra-Sánchez Sofía , Quinto-Cortés Consuelo D , Oppenheimer Stephen J , Pomat William , Laman Moses , Cervantes-Hernández Mayté C , Barberena-Jonas Carmina , Auckland Kathryn , Allen Angela , Allen Stephen , Phipps Maude E , Huerta-Sanchez Emilia , Ioannidis Alexander G , Mentzer Alexander J , Moreno-Estrada Andrés
Published: August 2024

Papua New Guinea (PNG) hosts distinct environments mainly represented by the ecoregions of the Highlands and Lowlands that display increased altitude and a predominance of pathogens, respectively. Since its initial peopling approximately 50,000 years ago, inhabitants of these ecoregions might have differentially adapted to the environmental pressures exerted by each of them. However, the genetic basis of adaptation in populations from these areas remains understudied. Here, we investigated signals of positive selection in 62 highlanders and 43 lowlanders across 14 locations in the main island of PNG using whole-genome genotype data from the Oceanian Genome Variation Project (OGVP) and searched for signals of positive selection through population differentiation and haplotype-based selection scans. Additionally, we performed archaic ancestry estimation to detect selection signals in highlanders within introgressed regions of the genome. Among highland populations we identified candidate genes representing known biomarkers for mountain sickness (SAA4, SAA1, PRDX1, LDHA) as well as candidate genes of the Notch signaling pathway (PSEN1, NUMB, RBPJ, MAML3), a novel proposed pathway for high altitude adaptation in multiple organisms. We also identified candidate genes involved in oxidative stress, inflammation, and angiogenesis, processes inducible by hypoxia, as well as in components of the eye lens and the immune response. In contrast, candidate genes in the lowlands are mainly related to the immune response (HLA-DQB1, HLA-DQA2, TAAR6, TAAR9, TAAR8, RNASE4, RNASE6, ANG). Moreover, we find two candidate regions to be also enriched with archaic introgressed segments, suggesting that archaic admixture has played a role in the local adaptation of PNG populations.
Intelligent control and optimization of uninterrupted power serving de-icing technology for 110 kV power lines
Authors: Guo Ziqiang , Zhang Tianyi , Jia Laiqiang , Liu Ru , Duan Weiquan
Published: August 2024

In order to ensure the secure and reliable operation of the power system, extensive research has been conducted both domestically and internationally on the anti-icing and de-icing techniques for transmission lines. To achieve uninterrupted de-icing, this paper employs the technique of split conductor loop current for de-icing transmission lines. Moreover, by integrating the expert system with fuzzy logic theory based on the online monitoring system for ice covering on transmission lines, an intelligent control system for de-icing devices on ice-covered transmission lines has been established. In accordance with the requirements of the fuzzy expert system, the fuzzy membership functions of input variables, fuzzy rules, and various states of fuzzy output have been determined. The 110 kV LGJ-240 line was selected as the pilot line, and parameters such as ice covering thickness, conductor temperature, and de-icing time were monitored. Through online de-icing experiments, this study achieved automated control of de-icing devices and monitored the de-icing process. Utilizing a fuzzy expert system to assess online monitoring data effectively evaluated the condition of ice-covered transmission lines. The proposed ice melting model demonstrated an average relative error of 5.2% compared to measured results, validating the credibility of the assessment and offering guidance for the operation and maintenance of transmission lines.
The Worker Protection (Amendment of Equality Act) Act 2023: Implications for Protection Against Sexual Harassment
Authors: Busby Nicole
Published: August 2024

From October 2024 when the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force, employers will be required to comply with a new duty to take reasonable steps to prevent sexual harassment of their employees. Under the Act, an employment tribunal will have the power to increase compensation by up to 25% if it finds that an employer has breached this duty. The Act started out as a private members bill and, in its original form, the bill contained a provision to extend protection against workplace harassment perpetuated by a third party such as a customer, client or visitor. However, following a difficult passage through Parliament, this provision was removed, and other proposed protections watered down. The reasons for this are explored in the following analysis which reveals the prioritisation of freedom of speech concerns over an improved legal regime for protecting workers against sexual harassment. The paper concludes by considering the Act’s likely impact and what further protections are needed in this area.
Nematode-trapping fungus Arthrobotrys oligospora recruited rhizosphere microorganisms to cooperate in controlling root-knot nematodes in tomato
Authors: Shen Weixin , Yang Xinyue , Liu Yanzhuo , Wang Yongzhong , Lu Hengqian
Published: August 2024

Aims

The objective of this study was to elucidate the role and mechanism of changes in the rhizosphere microbiome following Arthrobotrys oligospora treatment in the biological control of root-knot nematodes and identify the key fungal and bacterial species that collaborate with A. oligospora to biocontrol root-knot nematodes.

Methods and results

We conducted a pot experiment to investigate the impact of A. oligospora treatment on the biocontrol efficiency of A. oligospora against Meloidogyne incognita infecting tomatoes. We analyzed the rhizosphere bacteria and fungi communities of tomato by high-throughput sequencing of the 16S rRNA gene fragment and the internal transcribed spacer (ITS). The results indicated that the application of A. oligospora resulted in a 53.6% reduction in the disease index of M. incognita infecting tomato plants. The bacterial diversity of rhizosphere soil declined in the A. oligospora-treated group, while fungal diversity increased. The A. oligospora treatment enriched the tomato rhizosphere with Acidobacteriota, Firmicutes, Bradyrhizobium, Sphingomonadales, Glomeromycota, and Purpureocillium. These organisms are involved in the utilization of rhizosphere organic matter, nitrogen, and glycerolipids, or play the role of ectomycorrhiza or directly kill nematodes. The networks of bacterial and fungal co-occurrence exhibited a greater degree of stability and complexity in the A. oligospora treatment group.

Conclusions

This study demonstrated the key fungal and bacterial species that collaborate with the A. oligospora in controlling the root-knot nematode and elaborated the potential mechanisms involved. The findings offer valuable insights and inspiration for the advancement of bionematicide based on nematode-trapping fungi.
Copyright and Competition
Authors: Tang Guan H
Published: August 2024

This chapter analyses how copyright law serves a pro-competitive role not in a particular work as such but in the market for ideas. On the one hand, the law grants a right holder a specific form of exclusivity to the copyrighted work, and an expression of idea so such work can be enjoyed in the larger market by the many. The copyright owner's work, together with inspired works created by others, would form and stimulate competition in the market for the underlying idea. On the other hand, in order to reinforce such competition, copyright law exemplifies certain infringing acts from liability by applying the merger or fair use doctrines in contexts, in which the copyright owner's exercise of exclusive rights might impede competition in a related market.
Update to Chapter 12: Exclusive Jurisdiction
Authors: Hartley Trevor C
Published: August 2024

This chapter examines exclusive jurisdiction, the special feature of which is that it has two aspects: it not only confers jurisdiction on the specified court but also deprives all other courts of the jurisdiction they might otherwise have had. It may arise because of the intrinsic importance of the subject matter for the country concerned, or it may be the result of the choice of the parties. The chapter considers the situations in which Brussels and Lugano lay down rules of exclusive jurisdiction which apply irrespective of the will of the parties. The relevant provisions are contained in Brussels 2012, Article 24, and Lugano 2007, Article 22. They apply even if neither party is domiciled in the European Union (or Lugano area). Brussels 2012 and Lugano 2007 are substantially the same. They confer exclusive jurisdiction in five cases: rights in rem in immovable property or tenancies in immovable property; the constitution, nullity or dissolution of legal persons or the validity of decisions of their organs; the validity of entries in public registers; the validity of registered intellectual property rights; and the enforcement of judgments.
Update to Chapter 21: Concurrent Proceedings
Authors: Hartley Trevor C
Published: August 2024

This chapter explores how the instruments deal with the situation in which the same claim is litigated before two courts in different countries. The common law has traditionally dealt with the problem through the twin remedies of a stay on the ground of forum non conveniens and an antisuit injunction. The former permits the forum to decline jurisdiction in favour of the other court; the latter enables the forum to insist on hearing the case itself. The mechanism adopted by both Brussels 2012 and Lugano 2007-Hague does not deal with the matter-is the doctrine of lis pendens. Under this, the court first seised hears the case and all other courts must give it up. It has the merit of being simple and objective, but it makes no attempt to ascertain which court would be more appropriate to hear the case. As common lawyers know only too well, however, this latter question introduces an element of subjectivity which can lead to uncertainty and lengthy litigation as to where litigation will take place. The chapter then considers the effect of Brussels and Lugano on the common-law remedies of forum non conveniens and antisuit injunctions.
Main Connecting Factors of the Regulation: Habitual Residence, Residence, Nationality, Domicile, Presence
Authors: Wilderspin Michael
Published: August 2024

This chapter discusses the role of habitual residence, residence, nationality, domicile, and presence connecting factors in the operation of the Brussels IIb Regulation. Habitual residence plays a role in determining whether unlawful removal or retention has taken place. Thus, habitual residence is the most dominant criterion, unlike the other connecting factors that only come into play in certain situations. The chapter elaborates on the application of the Court’s case law to specific situations. It also references the case law of the Court of Justice of the European Union which stresses that the determination of a person’s habitual residence in a given case is dependent on the exact circumstances of the case.
Jurisdiction—General Provisions
Authors: van Lith Hélène
Published: August 2024

This chapter discusses Arts 4-6 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast), which represent the cornerstones of the Brussels jurisdictional regime. The function of Art 4 is twofold: first, it establishes the general rule for the territorial application of the jurisdiction chapter of the Brussels I regime and second, it establishes the general rule for jurisdiction.
Jurisdiction in Matters Relating to Insurance
Authors: Bariatti Stefania
Published: August 2024

This chapter discusses Arts 10-16 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 matters relating to insurance, consumer, and employment contracts. It covers provisions on proceedings against insurers domiciled or deemed to be domiciled in a Member State; additional forum in liability insurance and insurance of immovable property cases; liability insurance; proceedings against Member State- domiciled policyholders, insured, and beneficiaries; and restrictions upon choice-of-court agreements.
The Framework of Jurisdictional Law
Authors: Raphael Thomas
Published: August 2024

This chapter presents the framework of English jurisdictional law, and considers the material scope of the Brussels–Lugano regime and the other European jurisdictional instruments. The rules governing the jurisdiction of the English courts are comprised of two main overlapping systems: the traditional ‘common law’ rules of jurisdiction, based on service; and the European rules of jurisdiction imposed by the Brussels–Lugano regime, and the other European jurisdictional instruments. If the defendant is domiciled in the Brussels–Lugano zone, and the matter falls within the material scope of the Brussels–Lugano regime, the court's jurisdiction over him is determined by the rigid substantive rules of jurisdiction laid down by the regime. Where the defendant is domiciled outside the Brussels–Lugano zone, Article 6 of Regulation 1215/2012, the ‘Brussels I Recast’, provides that jurisdiction is to be exercised according to national law.
Energy and Environmental Protection
Authors: Bacon Kelyn
Published: August 2024

This chapter considers the rules on State aid as they apply to the energy sector and environmental protection measures. The chapter sets out the specific issues that arise in considering the existence of aid under Article 107(1) in relation to energy and environmental support measures. It goes on to consider the application of the General Block Exemption Regulation (GBER) to energy and environmental aid. The chapter then discusses the application of the Environmental and Energy Aid Guidelines to aid not covered by the GBER, as well as the Emission Trading Scheme (ETS) Guidelines. The rules on State aid for stranded costs are outlined, before turning to a more detailed discussion of State aid in the nuclear energy sector. The chapter concludes with a discussion of the rules on State aid for the coal sector.
Introduction
Authors: Collier Richard S , Andrus Joseph L
Published: August 2024

This introductory chapter takes a look at the so-called arm's length principle (ALP), which forms the core of traditional transfer pricing policy and thought. It attempts to evaluate the ALP according to contentions over whether or not the ALP approach is a viable one. Hence, to assess the system of ALP-based transfer pricing rules, the chapter argues that the nature of the ALP must be clarified, its derivation and evolution examined, and its operation in practice considered. To that end, the chapter first discusses the ALP and its functions in brief. It then offers some preliminary considerations on whether or not the ALP is a viable approach, and to that effect introduces five factors for assessment: the ALP's ease of administration, economic efficiency, robustness to abuse, overall systemic stability, and fairness.
Judicial Expropriation
Authors: Cox Johanne M
Published: August 2024

This chapter examines judicial expropriation, a form of indirect expropriation also known as takings by decisions of national courts. According to the ILC Articles, the conduct of national courts as the judicial organ of the State can be considered an act of the State under international law, and that a denial of justice by the courts of the State in proceedings brought by the other contracting party constitutes a breach of international law. Two issues divide investment treaty tribunals: whether denial of justice is a requirement for judicial expropriation, and whether exhaustion of local remedies, a requirement for denial of justice, is also a requirement of judicial expropriation. These issues are illustrated in a number of cases, such as Loewen Group Inc and Loewen v The United States, Generation Ukraine Inc v Ukraine, Saipem SpA v. The People's Republic of Bangladesh, and GEA Group Aktiengesellschaft v Ukraine.
The Standard of Compensation
Authors: Cox Johanne M
Published: August 2024

This chapter focuses on the standard of compensation as an important factor in determining the compensation for expropriation of an investment in investment treaty arbitration. It first provides an overview of the treaty standard of compensation, taking into account the so-called HULL formula — the requirement to pay ‘full compensation’. It then explains the standard of compensation for unlawful expropriation, along with the importance of the date of valuation date in lawful expropriation. It also considers cases that illustrate how investment treaty tribunals apply the treaty standard of compensation and customary international law, as well as assess damages in accordance with the foreign investor's expectation at the time of the expropriation. Finally, the chapter revisits CME Czech Republic v Czech Republic, a case which demonstrates the merit (or otherwise) of re-conceptualising the approach to damages.
Interest
Authors: Cox Johanne M
Published: August 2024

This chapter examines how interest is awarded in investment treaty arbitration. It discusses the main factors that determine the interest awarded by investment treaty tribunals: the date of accrual of the interest; the interest rate; whether to award simple interest or compound interest, or a combination of both or an adjustment of one or the other; and whether to calculate pre- and post-award interest on different bases or the same basis, or award interest without considering pre- and post- award interest separately. It also tackles the question of whether the treaty standard of interest should apply in unlawful expropriation and cites a number of cases that illustrate how tribunals apply customary international law remedies, including interest, if expropriation is illegal. Other cases highlight the application of the legal interest rate as opposed to a commercial rate, as well as the issue of whether to award simple or compound interest.
Removing Obstacles on the Road to Transition
Authors: Goldby Miriam
Published: August 2024

This chapter studies certain ground-breaking initiatives that are being taken to facilitate the issuance of electronic documentation and its transition down the supply chain. The successful transition from relying on paper documentation to using electronic alternatives depends upon the will to instigate change of the parties to international sale contracts themselves and, more specifically, of those among them with the clout to bring on board their suppliers, customers, and service providers. The transition to paperless trade in cross-border business-to-business transactions has been a gradual and incremental process that is likely to continue for a number of years yet. Significant progress has been made in recent years and a number of obstacles that still remain are gradually being removed, opening the door to further progress in this area.
The Supervisory Jurisdiction Over Trust Administration
Authors: Clarry Daniel
Published: August 2024

This book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the court’s supervision and intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the ongoing performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. Recent developments in alternative dispute resolution in trust law, especially the arbitration of trust disputes, are also considered in a section focusing on remedies and trends in which the operation of the essential principles of the supervisory jurisdiction over trust administration are also considered against the background of recent developments in trust law — namely, the principles upon which the court awards compensation for breach of trust and reviews trustee decision-making. As well as exploring the nature and scope of the court’s jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust.
Attorneys’ Fees
Authors: Zeller Bruno
Published: August 2024

This chapter shows that attorneys' fees are a substantive and not a procedural matter, and hence are included under article 74. Article 74, in the spirit of the United Nations Convention on Contracts for the International Sale of Goods (CISG), contains no direct reference to individual classes of losses except loss of profit. The answer to whether attorneys' fees were intended to be included in the sphere of the provision lies in the application of the general principles on which the CISG relies. Great care must be taken to distinguish between court costs and legal fees if any autonomous interpretation of article 74 is to be developed. Even so, tribunals and courts throughout the CISG realm do not agree on this matter. This is demonstrated by comparing cases from different jurisdictions.
The Law of Financial Advice, Investment Management, and Trading
Authors: van Setten Lodewijk
Published: August 2024

This book analyses the law and regulation relating to financial investments, their markets, payment and settlement systems, as well as the duties and liabilities of intermediaries, providing invaluable legal and practical guidance regarding legal risk and the protection of the investor. The book draws together all of the elements relating to the investment cycle. It is divided into three parts. Part I categorises the various financial instruments legally and examines their legal properties and legal risks, in particular proprietary protection or lack thereof, which investors face in the context of holding financial assets. It also addresses the investment principles that underpin the investment processes. Part II focuses on the process by which financial assets may be acquired and disposed of via the markets and the market infrastructure, including central counterparty (CCP) and clearing features as well as payment and settlement systems. It discusses the legal risks that investors face in the context of trading and settlement. The impact of the principles and risks, described in Parts I and II respectively, inform the scope of the duties, responsibilities and liabilities of the intermediaries that advise investors. Part III explores the role of these intermediaries, tying together the constituent components of the investment cycle from the investor’s point of view and considering the quality of investor protection, service, proprietary protection and regulatory supervision.
Developing the Right Regulatory Regime for Cryptocurrencies and Other Value Data
Authors: Zellweger-Gutknecht Corinne
Published: August 2024

This chapter considers the regulatory regime for cryptocurrencies and other value data (defined as assets which are both excludable and rivalrous, recorded by a trusted technology rather than booked by a qualified intermediary). It begins with a discussion of changes in selected monetary assets and manifestations — namely banknotes and central bank reserve balances — that have occurred over time. It then describes three modes of money creation and their effect on the substance of an asset: money created on a temporary basis; outright money created with no connected reversal event; and by issue of helicopter money. It also analyses the different forms in which cryptocurrencies manifest themselves and their consequences for the rules governing title, transfer and protection of commercial dealings. Finally, it explores the excludable and rivalrous nature of value data and the manifestation of such data by entry in a register kept by a trusted technology.
The Single Rulebook and the SSM
Authors: Ferrarini Guido , Recine Fabio
Published: August 2024

This chapter analyses the single rulebook from the perspective of the separation of EU banking regulation from prudential supervision focusing on the Single Supervisory Mechanism (SSM). It argues, in particular, that banking regulation and supervision have been increasingly separated one from the other, reaching the apex in the European banking union where EU and national rule-making are entirely decoupled from the SSM. It also argues that EU banking law is characterized by both regulatory polycentrism and supervisory centralization. The chapter then enquires whether the European Central Bank should have more say in rule-making with respect to the eurozone. It concludes that the present EU regime for prudential regulation may be suboptimal for the SSM and hinder its flexibility. Indeed, the European Central Bank supervisory competences might be complemented by the possibility to adopt technical supervisory rules, leaving however key policy issues to be defined at political level by the Council and the EU Parliament.
Principles of International Financial Law
Authors: Bamford Colin
Published: August 2024

The book examines a number of legal concepts developed in the common law world that form the foundation of the operation of international financial transactions. It does not deal with the detailed rules that govern financial transactions, but rather with the ideas that gave rise to the present rules and which, when those rules change, will underpin the new rules that replace them. The aim is not to give an academic analysis of detailed legal rules but to help practitioners better understand the rules with which they deal and where the rules came from. International finance is an area of legal practice that constantly changes. Legal practitioners can master that process of change only if they fully understand the principles and concepts on which the structure is built. Since the last edition was written there have been a number of developments in the technology used in the financial markets that question the legal principles on which they operate. In particular, the impact of Distributed Ledger Technology (e.g. Blockchain) on the transfer of intangible assets and the effect on the rights of parties involved is considered from both a legal and practical position. Additionally, the legal implications of the use of cryptocurrencies, including their use as Initial Coin Offerings, are also considered.
Money
Authors: Bamford Colin
Published: August 2024

The chapter deals with the legal aspect of the fundamental concept in all financial transactions—money. It explains why an understanding of the idea is essential to the development of financial transactions. It deals with the treatment of money in English law, both in statute and in case-law, and also examines the development and the concept of the European Single Currency and the legal nature of cryptocurrencies. It concludes with a discussion of the basis on which states seek to control the use by others of their currencies.
Fiduciary Duties in Financial Markets
Authors: Bamford Colin
Published: August 2024

This chapter builds on Chapter 7 by considering the concept of fiduciary duties in the context of commercial transactions, and then in the context of financial arrangements. Although commercial dealings do not usually lend themselves to the formation of fiduciary relationships, the chapter identifies a number of types of arrangement where the concept might apply. It discusses the interplay between the duties that arise from a fiduciary relationship and the obligations that flow from the exchange of confidential information in a commercial transaction. The chapter then turns to consider the role of fiduciary duties in financial transactions, particularly in the dealings between banks and their corporate customers. It concludes by looking at the regulatory rules that safeguard the interests of retail customers, and compares the obligations that these rules place on businesses with the duties that flow from fiduciary relationships.
The Recognition and Enforcement of Foreign Judgments
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter discusses the four regimes for the recognition and enforcement of foreign judgments in Singapore. The regimes include the Reciprocal Enforcement of Commonwealth Judgments Act 1921 (RECJA), the Reciprocal Enforcement of Foreign Judgments Act 1959 (REFJA), the Choice of Court Agreements Act 2016 (CCAA), and the common law rules. The chapter considers the RECJA and REFJA which are modelled on common law rules. The Singapore government's concerted efforts to liberalize its foreign judgment rules resulted in the enactment of the Hague Convention on Choice of Court Agreements to enhance the enforceability of Singapore International Commercial Court judgments in other countries. This chapter briefly looks at the Hague Judgments Convention which employs indirect rules on jurisdiction and sole grounds on which a foreign judgment may be refused recognition or enforcement. The chapter also covers the grant of an injunction against the enforcement of a foreign judgment and the enforcement of international mediated settlement agreements through the Singapore Convention on Mediation.
Choice of Law: General Issues
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter looks into some general choice of law issues that underpin the choice of law process. It explains the limit of the claimant’s ability to control the law governing its claim, which primarily revolves around pursuing non-contractual causes of action in an attempt to escape from a contractual choice of law. The court must engage in a three-stage process of characterisation endorsed by the Singapore Court of Appeal to determine the applicable law. The chapter then considers whether certain matters are substantive or procedural in nature, such as limitation statutes and the doctrine of legal professional privilege. It explains that Singapore courts have not dealt with the incidental question in commercial cases, and it is unclear if international harmony or internal consistency should be prioritized for this concept.
Capital Requirements Directive (CRD IV)/Capital Requirements Regulation (CRR)
Authors: Willey Stuart
Published: August 2024

This chapter focuses on the CRD IV and the CRR. EU credit institutions have legal rights under CRD IV to provide certain services across the EEA. Article 33 of CRD IV allows credit institutions to passport the banking services and activities listed in Annex 1 of CRD IV, and for which they have been authorised to undertake in their home state, to clients and counterparties across the EEA. These include the following services and activities: taking deposits or other repayable funds; lending; payment services; trading on own account or for customers; and safe custody services. Once the UK has left the EU, UK-incorporated firms will no longer be able to passport their services from the UK across the EEA. A UK credit institution that seeks to provide banking services to EU clients will be required to become authorised under CRD IV or within individual EEA member states. Moreover, there is no mechanism to grant equivalence to the UK in respect of the CRR/CRD IV regime.
Bank Recovery and Resolution Directive (BRRD)
Authors: Putnis Jan , Hurn Chris
Published: August 2024

This chapter looks at the BRRD. The UK recovery and resolution regime is set out primarily in the Banking Act 2009. At an EU level, recovery and resolution tools are set out in the BRRD and its associated delegated acts, technical standards, and guidelines, a significant portion of which is directly effective in the UK. Brexit may have a profound impact on the tools available to UK and EU regulators and resolution authorities relating to the recovery and resolution of failing banks, building societies, and systemically important investment firms. Under legislation made by the UK government under the European Union (Withdrawal) Act 2018, once the UK leaves the EU, the legal and regulatory framework that provides for the UK recovery and resolution regime will operate independently of the equivalent EEA framework.
European Markets Infrastructure Regulation (EMIR) and Euro Clearing
Authors: Penn Bob
Published: August 2024

This chapter assesses some implications of Brexit for those classes of market participant and activity regulated under the EMIR. EMIR is an EU regulation which seeks to establish a framework throughout the EU for the regulation of derivatives trading and post-trade activities. It primarily affects three classes of market participant: persons dealing in derivatives (counterparties); trade repositories; and central counterparties. As the mere incorporation of EU regulations into UK law would not create a workable framework for the UK regulation of derivatives markets post-Brexit, UK law provides for the incorporation of EMIR into UK law and a number of consequential changes to make onshored EMIR operate effectively. The chapter summarises the major policy decisions that inform the onshoring process and highlights the material changes to the EMIR framework, and transitional relief to mitigate the impact of those changes, on and after Brexit.
Introduction to Prudential Regulation
Authors: Morris Charles H R
Published: August 2024

This chapter describes the basic principles of prudential regulation. There is no fixed meaning for the term ‘prudential regulation’. One could define it as a system of laws and regulations aimed at reducing the risk of, and mitigating the consequences of, the failure of financial services firms. More specifically, this book uses the term as a convenient shorthand to refer just to capital adequacy and liquidity requirements, limitations on large exposures, and requirements relating to the supervision and disclosure of the foregoing—although many people would use the term to encompass other regulatory requirements. The chapter then considers the application of prudential regulation to individual entities within groups, with particular focus on bank capital adequacy requirements, or regulatory capital.
Mutual Restitution: Rescission in Equity
Authors: O’Sullivan Dominic
Published: August 2024

This chapter explores mutual restitution which primarily occurs when a transaction is set aside in equity. It considers the restitution of benefits conferred by the party who rescinds and the obligation of that party who can make counter-restitution for benefits that they received under the transaction. Property, money, and services are treated separately. Meanwhile, principles governing mutual restitution when rescission in equity follows an election to disaffirm due to uncertainties. The chapter then highlights interest, rent, dividend, and other benefits representing the time value of assets, compensation for deterioration, indemnity, and financial adjustments. It also covers equitable rescission through the election in terms of restitution and counter-restitution.
Restitutio in Integrum Impossible
Authors: O’Sullivan Dominic
Published: August 2024

This chapter assesses the impossibility of restitutio in integrum concerning an election to rescind or a claim seeking rescission. It explains restitutio in integrum’s requirement for the party seeking rescission to put those against whom it is asked in the same situation in which they stood when the contract was entered. Unless restitutio in integrum is truly impossible, the Court of Appeal emphasised that rescission should be the normal remedy for misrepresentation. The chapter also highlights the purpose of the bar, which is applied where the circumstances have irreversibly changed since the contract was made. It explains how rescission could be barred when counter-restitution is impossible and other circumstances have irreversibly changed that the defendant would be unjustifiably prejudiced.
Introduction to Arbitration in Hong Kong
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 1 offers an introduction to arbitration in Hong Kong. Included in this chapter is a description of the business and arbitration community in Hong Kong as well as a summary of the benefits of arbitrating in Hong Kong.
Emergency Relief and Interim Measures of Protection (Articles 23 and 24, Schedule 4)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 8 deals with all aspects of interim measures of protection under the HKIAC Rules, including a commentary on the emergency arbitrator provisions (Article 23.1 and Schedule 4), interim relief from an arbitral tribunal (Articles 23. 2–23.8), interim relief from a competent authority (Article 23.9), and security for costs (Article 24).
Other Provisions (Articles 44–46)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 13 provides a commentary on the remainder of the provisions set out in the 2018 HKIAC Rules, including disclosure of third party funding in arbitration (Article 44), confidentiality (Article 45), and exclusion of liability (Article 46).
The Role of National Competition Authorities
Authors: Blanco Luis Ortiz , Jörgens Konstantin
Published: August 2024

abstracts and keywords to be supplied.
Investigation of Cases (I): Leniency Policy
Authors: Hödlmayr Corneliu , Blanco Luis Ortiz , Jörgens Konstantin
Published: August 2024

Abstracts and keywords to be supplied.
Procedures to Establish The Existence of an Infringement
Authors: Kellerbauer Manuel , Blanco Luis Ortiz , Jörgens Konstantin , Centella Marisa Tierno
Published: August 2024

abstracts and keywords to be supplied.
Rejection of Complaints
Authors: Kellerbauer Manuel , Blanco Luis Ortiz , Jörgens Konstantin
Published: August 2024

abstracts and keywords to be supplied.
The ‘Applicable Law’
Authors: McParland Michael
Published: August 2024

The Rome I Regulation contains rules that specify the ‘applicable law’ for determining the rights and duties of parties to the majority of contractual obligations in civil and commercial matters in situations that involve a conflict of laws. Only the law of ‘a country’ can qualify as an ‘applicable law’ to be applied under any provisions of the Rome I Regulation. This chapter discusses provisions for states with more than one legal system; universal application; the exclusion of renvoi; the use of non-state law; Recitals (13) and (14) to the Regulation; and practical consequences of excluding non-state law.
Specific Exclusions
Authors: McParland Michael
Published: August 2024

This chapter explains Article 1(2) of the Rome I Regulation, which sets out specific exclusions from the scope of this Regulation. These include exclusions involving the status or legal capacity of natural persons; family and comparable relationships; matrimonial and comparable property regimes; wills and succession; negotiable instruments; arbitration and choice of court agreements; questions governed by the law of companies and other bodies; certain questions of agency; the constitution of trusts and the relationship between settlors, trustees, and beneficiaries; pre-contractual dealings; and certain insurance contracts.
Consent, Validity, and Incapacity
Authors: McParland Michael
Published: August 2024

This chapter explains Articles 10, 11, and 13 of the Rome I Regulation. Article 10 contains two rules that essentially identical to those in Article 8 of the Rome Convention. The only changes are matters of form rather than substance. Article 11 contains rules that select the laws that determine the ‘formal validity’ of contracts and unilateral acts intended to have legal effect relating to a concluded, existing or contemplated contract. Article 13 provides a conflict-of-laws rule limited to one particular circumstance: a claim by a natural person who has concluded a contract in one country, that they lacked capacity under the laws of another country.
The Scope of the Law Applicable
Authors: McParland Michael
Published: August 2024

This chapter explains Article 12 of the Rome I Regulation. Article 12 provides that the law applicable to a contract by virtue of this Regulation shall govern in particular: (a) interpretation; (b) performance; (c) within the limits of the powers conferred on the court by its procedural law, the consequences of a total or partial breach of obligations, including the assessment of damages in so far as it is governed by rules of law; (d) the various ways of extinguishing obligations, and prescription and limitation of actions; and (e) the consequences of nullity of the contract.
The Procedure before the EU Commission
Authors: Jörgens Konstantin , Kellerbauer Manuel
Published: August 2024

The chapter deals with the various stages of a cartel procedure: the preliminary investigative phase and the inter partes stage, which takes place after the issuance of a statement of objections up to the adoption of a decision (which may impose fines). Key issues are requests for information, the initiation of proceedings, state-of-play meetings, the statement of objections, and the access to file, the relevance of the Transparency Regulation to gain access to documents, and the oral hearing. It also addresses settlement procedure. Konstantin Jörgens (Garrigues, Madrid) addresses these topics from the perspective of the private practitioner and Manuel Kellerbauer (Legal Service, European Commission) from the perspective of the pubic enforcer. He focuses on the role of the rights of defence at the different stages of the procedure, the right to access the file, and the right to obtain evidence that is not in the Commission’s possession.
The Administrative Enforcement Regime
Authors: Brown Christopher , Robinson James , Woodward-Carlton Julia
Published: August 2024

This chapter analyses the important structural and procedural reforms to the administrative regime for the enforcement of competition law made by the Enterprise and Regulatory Reform Act 2013 (ERRA). It discusses the principal areas of criticism of the status quo ante before describing the changes that have been made, considering first the institutional reforms and then the amendments to the CMA’s investigatory and enforcement powers. It also sets out the changes made to the enforcement process and the CMA’s guidance on fines, leniency, and settlement; and considers the challenges that arise where the CMA conducts parallel civil and criminal investigations. The chapter analyses the likely impact of the reforms and the areas of potential controversy.
Inland Waterways
Authors: Rodríguez Elvira Aliende , Vandenbussche Julie , Rusche Tim Maxian
Published: August 2024

Inland waterway transport plays a significant role in the transport of goods within the European Union. The European Union waterway network comprises more than 37,000 kilometres of waterways and connects hundreds of cities and industrial regions. Of Member States, twenty-one out of twenty-eight have inland waterways. Chapter 11 sets out both the regulatory framework for transport by inland waterways and the application of the competition rules to this subsector. It describes the context in which this specific transport mode operates, and lists some of the programmes to support restructuring and innovation. The regulatory framework deals with market access, chartering, and pricing, in addition to the profession of boatmaster and specifics about dangerous goods transport. The body of competition cases is less elaborate than in other transport modes, and it focuses on issues relevant to the modernization of the sector.