bluuebunny/crossref_metadata_2025 huggingface dataset:
Communicating research findings as a return of value to All of Us Research Program participants: insights from staff at Federally Qualified Health Centers
Authors: Smith Kathryn P , Holmes Jenn , Shelley Jennifer
Published: August 2024

Objectives

Research participants value learning how their data contributions are advancing health research (ie, data stories). The All of Us Research Program gathered insights from program staff to learn what research topics they think are of interest to participants, what support staff need to communicate data stories, and how staff use data story dissemination tools.

Materials and Methods

Using an online 25-item assessment, we collected information from All of Us staff at 7 Federally Qualified Health Centers.

Results

Topics of greatest interest or relevance included income insecurity (83%), diabetes (78%), and mental health (78%). Respondents prioritized in-person outreach in the community (70%) as a preferred setting to share data stories. Familiarity with available dissemination tools varied.

Discussion

Responses support prioritizing materials for in-person outreach and training staff how to use dissemination tools.

Conclusion

The findings will inform All of Us communication strategy, content, materials, and staff training resources to effectively deliver data stories as return of value to participants.
Protecting Everyday Nature
Authors: Layard Antonia , Marshall Adam , de Vito Laura , Few Roger , Hatzisavvidou Sophia , Mabon Leslie , Selomane Odirilwe
Published: August 2024

‘Everyday nature’, understood as people’s ability to access nature nearby, should be protected in law and planning policy, facilitating three key benefits: (1) human health and wellbeing; (2) intrinsic and extrinsic ecological advantages; and (3) supporting the UK’s 30by30 nature conservation commitment. Yet there are three obstacles to the protection of everyday nature: (1) the prioritisation of ‘special’ and ‘priority’ nature conservation habitats; (2) the lack of protection for Local Wildlife Sites; as well as (3) counter-intuitively, the rise of biodiversity as a preferred governing concept. Addressing these obstacles, the paper develops the concept of everyday nature, making four proposals for change: (1) improved conceptual analysis; (2) confirming current policy on Local Wildlife Sites; (3) implementing the concept of everyday nature in legislation and planning policy; and (4) implementing the Government’s target that everyone lives within a 15-minute walk from a green or blue space.
Post laparoscopic sleeve gastrectomy portal vein thrombosis with venous mesenteric ischemia: a case report with literature review
Authors: Al Wadaani Hamid Abdulla , Al Omar Sarah , AlRaihan Jawaher , Alnajjar Jawad S , Elserougi Mohamed , Al Jabran Hussain
Published: August 2024

Saudi Arabia’s obesity prevalence is 19.2% among men and 21.4% among women. Treatment includes lifestyle modifications, medication, and bariatric surgery. Procedures reach up to 1200 annually in our center. Porto-mesenteric venous thrombosis associated with venous mesenteric ischemia and bowel necrosis is a rare complication that necessitates an early workup and management. A 29-year-old Saudi male underwent laparoscopic sleeve gastrectomy. Post-surgery, he experienced abdominal pain, nausea, and vomiting, exacerbated by eating and smoking. Abdomen computed tomography scans revealed engorged portal veins, congested mesenteric veins, and small bowel thickening. He underwent exploratory laparoscopy shifted to laparotomy with resection of an infarcted omentum and 1 m of jejunal small bowel loop, and was discharged postoperatively after 7 days. Porto-mesenteric venous thrombosis is a rare complication after laparoscopic sleeve gastrectomy, requiring early diagnosis and appropriate treatment. Patients present with non-specific symptoms, necessitating high suspicion for computed tomography recommendations.
Intellectual Property Courts in China
Authors: Matthews Duncan
Published: August 2024

This chapter explains that the rationale for setting up specialised IP courts was set out by the Supreme Court of the People's Republic of China in its 2014 White Paper on Intellectual Property Protection by Chinese Courts, namely that establishing IP courts is a fundamental measure in terms of judicial reform in China as a whole. Similarly, the Central Committee of the Communist Party of China (CCCPC) has stated that it considers the establishment of IP courts to be a significant step in the reform of the national scientific and technological base. The chapter offers an overview of China's IP court system, highlighting the process by which the IP courts were set up and assesses how efficiently the courts are operating.
SEPs and Competition Law
Authors: Wang Xiaoye , Gao Yajie
Published: August 2024

This chapter considers Standard Essential Patents (“SEPs”), which refer to the indispensable and unsubstitutable patents to a technical standard. Put it in another way, SEPs are patents that have to be applied when enforcing a technical standard. Technical standard is the compulsory requirement for relevant undertakings, if it has been widely used so as to become an industrial standard or state compulsory standard, and products or services that cannot meet a “threshold” are prohibited from entering the market. Due to the openness of the standard, technology licenses related to SEPs concern public interest. The chapter also shows how industry standards are widely acknowledged to be one of the engines driving the modern economy. Standards can make products less costly to produce and more valuable for consumers.
Intellectual Property Rights and China’s Competition Law Enforcement
Authors: Williams Mark
Published: August 2024

This chapter examines whether China's current competition law provisions and its enforcement practices are in fact an adjunct to an industrial policy of coerced technology transfer or not. To achieve this, China's stated industrial strategy as envisaged in the China 2025 policy are considered, and the provisions of the AML and subordinate legislation discussed. The chapter explores the use to which the specific abuse of IPR provisions have been put to date, as well as the use of other provisions in the AML, particularly the abuse of dominance provision to achieve similar aims. The chapter concludes with an assessment of the likely future treatment of IPR-rich multinational corporations under China's competition regime.
Merger Control and its Impact on Innovation in China*
Authors: Renard François , Pommiès Charles
Published: August 2024

This chapter talks about the growing emphasis by competition authorities on the concept of innovation in merger control policy. Regulators traditionally focus their analysis on a transaction's effects on actual competition, potential competition, and even future competition. Despite the stochastic character of research and development efforts and, more broadly, the serendipitous nature of invention, regulators are now willing to move beyond the confines of this conventional framework and engage in a more uncertain analysis, in a long-term perspective, of the ability and incentives of merging players to reduce innovation and ultimately restrict competition. The chapter also notes the importance of innovation for China's industrial policy, and examines the legislative framework in which the Anti-Monopoly Bureau of China's Ministry of Commerce (MOFCOM) generally decides on cases and the role it plays in supporting innovation.
Distribution Agreements
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo
Published: August 2024

This chapter examines how Article 101 TFEU is applied to restraints included in the distribution of products, including the specific block exemption regulation for vertical restraints and the guidelines on vertical restraints. It first provides an overview of the different forms of vertical control required in coordination between the various stages of the vertical chain before introducing a typology of vertical restraints. It then considers how competition law distinguishes between vertical control by ownership and vertical control by contract, the application of Article 101(1) TFEU to vertical restraints, the pro-competitive theories of vertical control and their reception in EU competition law, and anti-competitive theories of vertical control and their reception in EU competition law. The chapter also analyses the application of Article 101(3) TFEU to vertical restraints and concludes with an assessment of the power of retailers to impose vertical restraints to their suppliers.
Update to Chapter 5: Subject-matter Scope: Specific Exclusions
Authors: Hartley Trevor C
Published: August 2024

This chapter explores matters specifically excluded from the scope of the three instruments. Each of the instruments contains a list of subjects that are excluded from its scope. It should be emphasized at the outset that, under Brussels, and almost certainly under Lugano and Hague as well, these legal concepts have an autonomous meaning. They are not interpreted according to national law. If this were not so, the scope of the instrument would vary from State to State. The list of exclusions in Brussels 2012 and Lugano 2007 are very similar. These include the status or legal capacity of natural persons; rights in property arising out of a matrimonial relationship; wills and succession; bankruptcy; social security; and arbitration. Meanwhile, the matters which are excluded from Hague include consumer contracts; contracts of employment; carriage of persons and goods; maritime matters; competition (antitrust) matters; liability for nuclear damage; personal injury; damage to property; matters subject to exclusive jurisdiction; infringement of intellectual-property rights; and declarations under the Hague Convention. The chapter also considers preliminary questions.
Update to Chapter 8: Special Jurisdiction
Authors: Hartley Trevor C
Published: August 2024

This chapter describes the rules of special jurisdiction contained in Article 7 of Brussels 2012 and Article 5 of Lugano 2007, rules that apply when the defendant is domiciled in another EU or Lugano State. The first rule concerns matters relating to a contract. The relevant provisions are Article 7(1) of Brussels 2012 and Article 5(1) of Lugano 2007. Meanwhile, Brussels 2012, Article 7(2), and Lugano 2007, Article 5(3), concern matters relating to tort, delict, or quasi-delict. They give jurisdiction to the 'courts for the place where the harmful event occurred or may occur'. The other rules concern civil claims in criminal proceedings; recovery of cultural objects (Brussels 2012 only); branch, agency, or other establishment; trusts; salvage of a cargo or freight; and maintenance. These rules are all subject to an exception where the courts of another Member State have exclusive jurisdiction, under Brussels 2012, Article 24 or 25, or where another Section of Title II of the Regulation sets out a complete code of provisions with regard to a given subject.
Update to Chapter 14: Submission
Authors: Hartley Trevor C
Published: August 2024

This chapter explains that if the defendant enters an appearance before a court of a Member State (Lugano State) without contesting jurisdiction, that fact alone confers jurisdiction on the court in question. This ensures that a defendant cannot fight the case on the merits and then, if he loses, claim that the court had no jurisdiction. The rule is usually explained on the ground that the entry of an appearance without challenging the court's jurisdiction constitutes an implied choice-of-court agreement. The rule does not apply where another court has exclusive jurisdiction under Brussels 2012, Article 24 or Lugano 2007, Article 22, though it does apply where another court has exclusive jurisdiction under a choice-of-court agreement. Brussels 2012, Article 26(2), (but not Lugano 2007) now contains a provision that, before assuming jurisdiction, the court must ensure that the defendant is informed of his right to contest jurisdiction and of the consequences of entering or not entering an appearance.
Update to Chapter 17: Brussels and Lugano: Procedure
Authors: Hartley Trevor C
Published: August 2024

This chapter looks at the procedure for the recognition and enforcement of judgments under Brussels 2012 and Lugano 2007. It should be said at the outset that if a judgment is enforceable under Brussels or Lugano, it must be enforced under those instruments: it is not permitted to sue the defendant again on the original cause of action, even if this would be less expensive. The position under the two instruments appears rather different because, while Lugano 2007 follows Brussels 2000 in requiring the judgment creditor to obtain a declaration of enforceability as a precondition for enforcement, this is no longer necessary under Brussels 2012. However, the difference is not very great in practice. Brussels 2012 and Lugano 2007 lay down the basic elements of the enforcement procedure. Subject to these provisions, the rules of national law applicable to the enforcement of national judgments apply to the enforcement of judgments from another Member State or Lugano State.
Context and Origins of Regulation No. 2019/1111
Authors: Wilderspin Michael
Published: August 2024

This chapter introduces the origins, history, and changes of the Brussels IIb Regulation, which is also known as the Council Regulation (EU) 2019/1111 of 25 June 2019. It highlights the importance of knowing the legislative history and international instruments to achieve a proper understanding and application of the Regulation. The Brussels IIb Regulation primarily refers to the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility and international child abduction. Thus, judges or practitioners should be aware of several basic principles of interpreting EU instruments before applying the Regulation. The chapter recognises the abolition of the need for a declaration of enforceability as the most significant change of the entire Brussels IIb Regulation.
Scope of the Regulation and Definitions
Authors: Wilderspin Michael
Published: August 2024

This chapter elaborates on the scope of the Brussels IIb Regulation. It clarifies that the Brussels IIb Regulation does not apply in any way to Denmark and United Kingdom, unlike Ireland and France. Moreover, the terminology and definition of the Brussels IIb Regulation changed compared to the Brussels IIa Regulation. The chapter explains the Regulation's material scope surrounding matrimonial matters, divorce, legal separation, annulment, parental responsibility, and child abductions. The personal scope of the Brussels IIb Regulation addresses the rules relating to the international jurisdiction, recognition, and enforcement of both matrimonial matters and parental responsibility. The chapter also mentions the temporal scope of the Regulation that became applicable on 1 August 2022.
What This Book is About
Authors: Wood Philip R
Published: August 2024

This chapter summarises that the book is about the advantages and the risks involved in the choice of law governing an international contract or other transaction, plus the accompanying choice of courts, in the fields of wholesale financial, commercial, corporate, and insolvency law. It sets out the methodology of using key indicators satisfying eligibility tests to measure thirteen main themes and hence to rank the jurisdictions of the world on a comparative basis, focusing mainly on England, New York, France, and Germany, but extending to all the jurisdictions of the world. English and New York law are international public utilities because of their dominant use for international contracts.
Role of Law
Authors: Wood Philip R
Published: August 2024

This chapter discusses the role of law as an ideology and the largest and the most comprehensive moral code of modern societies, assesses the economic value of law, discusses the role of English and New York law as international public utilities compared to other dominant institutions, and reviews the growth of law and its impact. It discusses that role of law as a monopoly by comparing the use of the US dollar, Delaware corporate law, the ISDA Master Agreement, the payment messaging service SWIFT, CLS Bank, various other clearing systems, and legal systems as monopolies or near monopolies, and reviews their hard power and soft power. It discusses the reasons for the growth of law since 1830 in relation to money, banks, and corporations.
Governing Law and Choice of Courts
Authors: Wood Philip R
Published: August 2024

This chapter reviews the essentials of an express choice of governing law for a contract and the choice of courts, as well as governing law and jurisdiction for non-contractual claims, such as torts. It summarises international long-arm jurisdiction, the European Judgments Regulation 2012 and the Hague Convention on Choice of Court Agreements 2005. It surveys the extent to which the governing law is restricted by other laws, such as regulatory and insolvency law. Other areas of law that may override the governing law in a particular jurisdiction include the local criminal law, corporate law, the procedural law of the courts, international conventions, contract law such as doctrines of good faith, and the law of torts or delict. This chapter also reviews non-contractual liabilities, the use of arbitration, and the potential overriding of jurisdiction and arbitration clauses by insolvency statutes.
Exclusion Clauses
Authors: Wood Philip R
Published: August 2024

This chapter surveys the comparative law of exclusion clauses in business contracts internationally and the reasons for their use. As a key indicator, it compares the validity of exclusion clauses in unregulated offering documents such as offering memoranda for syndicated bank credits and offering circulars for international bond issues. It also considers the comparative law on underwriting liability for unregulated prospectuses and for regulated prospectuses. It examines the comparative law for exclusion of liability in relation to the sale of derivatives. It concludes that, as regards arranging bank and underwriter liability, the English courts are sympathetic to exclusion clauses in wholesale markets, as shown by a mass of case law, and that the English attitude to exclusion clauses in general seems more welcoming than in Germany or France.
Comparison of Jurisdictions of the World
Authors: Wood Philip R
Published: August 2024

This chapter identifies the families of jurisdictions into eight families, explains how they were formed, and sets out the members of each group, the historical background of the family, and the legal culture and key indicators. It identifies a number of other jurisdictions that might serve as the governing law of international transactions. The main families of jurisdictions are the American common law jurisdictions, the English common law jurisdictions, the Napoleonic jurisdictions, the Roman-Germanic jurisdictions, the mixed civil/common law jurisdictions, Islamic jurisdictions, new or transition jurisdictions, and a small number of unallocated jurisdictions. A table sets out statistics about these jurisdictions, showing the predominant influence of England, France, and Germany, with a number of other influential countries historically, including the United States and the Netherlands.
Authentic Instruments and Court Settlements
Authors: Fitchen Jonathan , Kramer Xandra
Published: August 2024

This chapter discusses Arts 58-60 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 authentic instruments, court settlements, and the certification of authentic instruments and court settlements by the Member State of origin.
Transitional Provisions
Authors: Dickinson Andrew
Published: August 2024

This chapter discusses Art 66 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 applies only to legal proceedings instituted, to authentic instruments formally drawn up or registered, and to court settlements approved or concluded on or after 10 January 2015.
The History of an Unusual Remedy
Authors: Raphael Thomas
Published: August 2024

This chapter traces the history of the anti-suit injunction, which is marked by confusion and dissent over the central tests to be satisfied in order for an injunction to be granted; and over the underlying basis of the injunction. This history remains important, as the conflicts have not always been neatly resolved and the older decisions can be a treacherous guide to the modern law, unless their historical context is understood. The anti-suit injunction originally evolved from the ‘common injunction’, by which the English Court of Chancery had restrained litigants before the English common law courts from obtaining judgments which were contrary to the principles of equity. Once established, the anti-suit injunction has given English courts a powerful tool to protect their own jurisdiction, and to enforce their own perceptions of justice on transnational litigation.
Power, Nature, and Form
Authors: Raphael Thomas
Published: August 2024

This chapter discusses the power of granting injunctions and the form and nature of anti-suit injunctions. In the High Court, final injunctions in ordinary private law litigation are granted under section 37(1) of the Senior Courts Act 1981, which restates and confirms the powers of the pre-Judicature Act courts to grant injunctions. Irrespective of whether anti-suit injunctions are justified by a correlative underlying legal or equitable right, and whether or not the requirement for a legal and equitable right is a question of power, or principle, or practice, anti-suit injunctions can be and are granted under section 37(1) of the Senior Courts Act 1981. In principle, other statutory powers could also support an anti-suit injunction, but section 37(1) is the only power that is used by the High Court in the modern case law to restrain foreign proceedings.
Non-Contractual Anti-Suit Injunctions
Authors: Raphael Thomas
Published: August 2024

This chapter explores the cases in which non-contractual anti-suit injunctions have been sought in respect of proceedings abroad. A distinction needs to be drawn between ‘alternative forum’ and ‘single forum’ cases, although it is never absolute. In an alternative forum case, the claim which is being made in the foreign action could be heard either in England or abroad, or in both jurisdictions. The possible claims in the competing jurisdictions do not need to be identical, provided that they are substantially similar. In contrast, in a single forum case, the foreign claim could only be brought in the foreign country and no similar claim could be brought in England. To fall within this category, the foreign claims must be materially different to possible claims in England.
Injunctions to Restrain Arbitration Proceedings
Authors: Raphael Thomas
Published: August 2024

This chapter discusses injunction to restrain arbitration proceedings. It is legitimate, from an international perspective, for the courts of the seat of the arbitration to intervene to stop or suspend the arbitration in certain circumstances. The court has a general power under section 37(1) of the Senior Courts Act 1981 to grant an anti-arbitration injunction to restrain the commencement or pursuit of arbitration proceedings if (a) the arbitral proceedings are an infringement of a legal or equitable right of the injunction claimant; or (b) if the arbitration proceedings are vexatious or oppressive or unconscionable. It is probably also the case that the scope of this power is co-extensive with the power to grant anti-suit injunctions in general, and so the anti-arbitration injunction can also be granted if it is in the ‘interests of justice to do so’; although the primary situations where this will be satisfied is where (a) or (b) apply.
New Zealand Law
Authors: Raphael Thomas
Published: August 2024

This concluding chapter focuses on New Zealand law. New Zealand law on anti-suit injunctions, as it has so far developed, is much the same as English law and has generally followed the English decisions, while also paying particular regard to the judgments of the Privy Council on the subject. The New Zealand Courts have confirmed that they have the power to grant anti-suit injunctions without addressing the source of the power. In New Zealand, injunctions are not granted under an express statutory power specifically conferring or confirming the power to grant injunctions, in contrast to section 37(1) of the English Senior Courts Act 1981. Instead, sections IV, V and XVI of the Supreme Court Act 1860 conferred on the New Zealand High Court all the jurisdiction possessed by the superior courts of England in 1860. That jurisdiction included the power to grant injunctions, including anti-suit injunctions to restrain domestic or foreign proceedings.
Background
Authors: Secomb Matthew
Published: August 2024

This chapter provides a background of interest in international arbitration, tracing the early history of interest through medieval times, the Reformation, modern times, and today. Interest has a long and rich history, intertwined with the world's development. It involves religion, politics, and economics. Religion's effect on interest continues to this day, seen most prominently in various shari'a-based laws' restrictions on interest. Meanwhile, the law's view of interest has evolved over time. Throughout history, various systems — both religious and legal — contained laws to protect consumers from abusive interest. These factors, among others, help to explain the current state of interest in international arbitration. They explain why arbitrators view interest cautiously, rather than just focusing on the real economic value of money over time. The chapter then discusses the economics of interest, considers the treatment of interest in arbitral practice and the law applicable to interest, and looks at interest under shari'a law.
Outline for the Country Reports
Authors: Baumann Antje , Weigand Frank-Bernd
Published: August 2024

This chapter presents an outline of the handbook’s country reports on international commercial arbitration. It includes an overview of the current status of the law on arbitration and the practice of arbitration in each country. A section on the jurisdiction of the arbitral tribunal covers the arbitration agreement, arbitrability, decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), and enforcement of an arbitration agreement within or by court proceedings. There are also sections on the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators); arbitral procedure (place of arbitration, witnesses, experts, assistance by the courts); and arbitral award (types of award, deliberations, and agreement on the award); amendment and challenge of the award, with a focus on the liability of arbitrators; and enforcement of national awards versus foreign awards.
Austria
Authors: Liebscher Christoph
Published: August 2024

This chapter discusses the arbitration system of Austria, beginning with a short historical background on the country’s arbitration law and an overview of the current status of the law. It then considers the distinction between national and international arbitration, the practice of arbitration in Austria, and the jurisdiction of the arbitral tribunal. In particular, it looks at the arbitration agreement itself (eg the law applicable to the interpretation of arbitration clauses), arbitrability, and enforcement of an arbitration agreement within or by court proceedings. The chapter also analyses the constitution of the arbitral tribunal (eg number and qualification of arbitrators, appointment of arbitrators); the general principles of arbitral procedure, witnesses, and experts; the type of awards rendered by the arbitral tribunal, and the question of liability of arbitrators. Finally, the enforcement rules for national awards and foreign awards in Austria are explained.
Germany
Authors: Hanefeld Inka , Schmidt-Ahrendts Nils
Published: August 2024

This chapter provides an overview of the arbitration system of Germany. It first traces the history of Germany’s arbitration law before discussing the current status of the law. It then explains the distinction between national and international arbitration and the practice of arbitration in Germany, along with the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself, the issue of arbitrability in the context of international arbitration (‘personal arbitrability’, ‘objective arbitrability’), decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), and enforcement of an arbitration agreement within or by way of court proceedings. The chapter also examines the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators), the arbitral procedure, the process of rendering the arbitral award, and the question of liability of arbitrators. Finally, it analyses the enforcement rules for national awards versus foreign awards in Germany.
Compatibility of Aid—General Principles
Authors: Bacon Kelyn
Published: August 2024

This chapter sets out the general principles governing the compatibility of State aid. It deals in turn with automatic compatibility under Article 107(2), and the categories of aid that the Commission has a discretion to approve under Article 107(3), as well as the role of block exemptions and Commission guidelines in structuring the Commission’s compatibility assessments . The chapter also discusses the compatibility of aid to support services of general economic interest under Article 106(2) and the SGEI Decision, Framework, and Communication adopted in 2011. Finally, the chapter addresses the possibilities under Article 107(3)(e) and Article 108(2) for the European Council to authorise aid.
Research, Development and Innovation
Authors: Bacon Kelyn
Published: August 2024

This chapter presents the rules on State aid for research, development, and innovation (R&D&I), highlighting the favourable approach taken by the Commission towards such aid given the EU objective of promoting scientific and technological advance. The chapter considers the particular issues relating to the existence of aid under Article 107(1) which arise in the context of R&D&I. It then deals with the application of the General Block Exemption Regulation (GBER) to R&D&I aid, both in terms of the general scope of the exemptions and the particular eligibility conditions for the different types of R&D&I exemptions. Finally, the compatibility assessment under the R&D&I Framework for aid not covered by the GBER is discussed.
Corporate Law Versus Financial Regulatory Rules
Authors: Lieverse Kitty , Bulten Claartje
Published: August 2024

This chapter discusses the impact of financial regulatory rules on the corporate governance of banks established in Europe. Banks are not ordinary companies. In view of their activities, banks also have to deal — through financial supervision — with extensive regulation of public interests. This impacts both the structure of banks and the manner in which they operate. A further dimension is added because of the European origin of the financial regulatory rules for the banking sector and because the European Central Bank (ECB) acts as a single supervisor. The impact of financial regulatory rules, including intervention by the supervisor, on the corporate governance of banks might potentially provide for European harmonisation of national company law based on the public interests that are being pursued for this sector.
Regulatory Expropriation
Authors: Cox Johanne M
Published: August 2024

This chapter focuses on regulatory expropriation, asking what criteria must be met for regulatory measures to be considered expropriation and — where regulatory measures constitute expropriation — whether the State is liable to compensate the foreign investor. After describing the different types of regulatory measures identified by investment treaty tribunals in cases of alleged indirect expropriation, the chapter examines bona fide regulation exercised in the police powers of the state and how tribunals determine whether bona fide regulation is capable of constituting compensable expropriation. It also discusses the test used in determining regulatory expropriation in investment treaty arbitration, taking into account six factors that have been applied by tribunals: non-discrimination, the degree of interference or impact on the investment, the government's intent and purpose of the measure, the reasonableness of the measure, the legitimate expectations of the investor, and the proportionality between the impact of the measures and public policy.
Introduction
Authors: Goldby Miriam
Published: August 2024

This introductory chapter provides an overview of the use of electronic alternatives to documents used in the international sale of goods carried by sea. The legal implications of the transition to paperless international trade are a topic that has been much discussed and debated. The major obstacles that commentators have viewed as likely to slow down the emergence of electronic alternatives to trade documents are lack of confidence; uncertainties regarding risk and liability; the absence of a single universally used standard for electronic communications; the absence of the necessary technological infrastructure in developing countries; and governmental requirements at points of exit and entry into different jurisdictions. From the legal point of view, earlier contributions to the debate are concerned with the difficulties to which expressions such as “original,” “document,” “writing,” and “signature” may give rise when they appear in the law.
Documents Used in International Trade
Authors: Goldby Miriam
Published: August 2024

This chapter looks at the documents most commonly used in international trade. These documents include the sale contract, transport documents, insurance documents, certifying documents, and payment instruments. The purchase order usually constitutes at law an offer to the seller, which becomes a binding contract upon the seller's acceptance. The invoice is a document issued by the seller as evidence of performance of the contract of sale. These documents relating to the sale will usually include a document evidencing that the goods have reached the carrier and indicating the terms under which the transport of the goods is to take place. A contract for the cross-border sale of goods will then specify that the goods should be insured during their transport. Many international sale contracts require certain facts to be certified, for example the origin, quality, and/or quantity of the goods.
Legal Framework to Govern Electronic Cargo Insurance Documents
Authors: Goldby Miriam
Published: August 2024

This chapter explores the legal framework to govern electronic cargo insurance documents. Through the promulgation of guidelines and standard terms, and the expression of common understandings, the insurance industry is developing an informal legal framework for the governance of the use of electronic communications and electronic documentation. Brokers can provide a wide range of electronic services to their clients, for example the generation online of automatic quotes, when the details of the relevant shipment are entered, and the issuance of electronic documentation, once the cover is agreed. As regards the placing process whereby the broker enters into an insurance contract with an underwriter, there is an important distinction between the subscription market, in which the cargo insurance risk is subscribed to by a number of different underwriters, and the non-subscription market, in which risks are typically underwritten by a single insurer.
Evolution
Authors: Clarry Daniel
Published: August 2024

This chapter focuses on how the mould of the Chancery procedure needed to be broken, despite its basic principles of performance and protection being sound. Legislative intervention and a number of revolutionaries were required. The advent of summary procedures to enliven the supervisory jurisdiction for targeted intervention in trust administration was transformative. The statutory reforms in the mid- to late 19th century fragmented the superintendence of trusts by the Court into routine aspects that could be exercised more expediently to alleviate and overcome difficulties in the performance of trusts, without paralysing trust administration in the process. Impacted by modern standards, those reforms form the basis for the supervisory jurisdiction over trust administration in modern times.
Judicial Review of Trustee Decision-Making
Authors: Clarry Daniel
Published: August 2024

This chapter looks at how judicial review of trustee decision-making also tests the scope of the supervisory jurisdiction over trust administration and, in turn, the principles that define, and unify, that jurisdiction as distinct from remedial powers that the Court exercises in relation to trusts. The chapter analyses whether the judicial review of trustee decision-making is properly regarded as an aspect of the supervisory jurisdiction over trust administration. This analysis highlights the central principles that guide judicial review of trustee decision-making, which are heavily influenced by procedural mechanisms to enliven that jurisdiction, especially whether a breach of trust (or ‘fiduciary duty’) is essential to justify intervention.
Provenance and Development of the IBA Rules on Evidence
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas
Published: August 2024

This introductory chapter provides some background to the development of the IBA Rules on the Taking of Evidence in International Arbitration (the ‘IBA Rules’). The first edition of the IBA Rules was adopted on 28 May 1983. Although the first edition is materially different from the most recent edition adopted in 2010, the fundamental objective underlying each version of the rules remains the same: to provide some common ground for the production of evidence in the significant number of international arbitrations that take place globally every year, and to provide a bridge between the different legal traditions and domestic practices with which individual arbitration practitioners are familiar.
Preamble
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas
Published: August 2024

This chapter discusses the Preamble to the IBA Rules. Although the 1983 Rules did not contain a preamble, one was introduced in the 1999 Rules. The statement of principles and objectives contained in that preamble were further developed in the current 2010 Rules. The Preamble to the IBA Rules now comprises three short paragraphs. It explains what the IBA Rules are intended to accomplish and expresses two general principles underlying the drafting and application of those rules. These principles and objectives are important in aiding interpretation of the IBA Rules. The principles contained in the Preamble also inform the approach to be adopted by a tribunal where both the IBA Rules and the General Rules are silent on a matter affecting the taking of evidence and the parties have been unable to reach agreement on how that matter is to be addressed.
Article 1: Scope of Application
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas
Published: August 2024

This chapter discusses Article 1, which addresses the interaction between the IBA Rules and the various other rules that may apply in an individual arbitration. Article 1 sets out a number of principles that are to be applied in addressing a conflict between the IBA Rules and (a) any applicable mandatory provisions of law or (b) the institutional, ad hoc, or other rules that have been chosen to apply to the arbitration—defined in the IBA Rules as the General Rules. It also lays down the principles to be applied in the event of a dispute regarding interpretation of the IBA Rules, or where the parties are unable to agree what to do when those rules are silent on a particular matter concerning the taking of evidence. Moreover, Article 1 stipulates which version of the IBA Rules is to apply to a particular arbitration.
Legal and Regulatory Duties to Protect the Client’s Interest
Authors: van Setten Lodewijk
Published: August 2024

This chapter provides an overview of key legal and regulatory concepts that operate to control the conduct of investment firms who provide financial advisory, portfolio management, brokerage, or dealer services, including the regulatory duty to act fairly and in the best interest of the client, the duty to provide information or to advise, and duties to manage conflicts. Drawing in particular on the relevant provisions of Markets in Financial Instruments Directive (MiFID) II, the chapter first explains the scope of the investment firm’s responsibility with respect to the provision of information on a certain investment service or investment product. It then considers caveat emptor versus duty to protect the interest of the investor, with emphasis on best interest and conflict rules in MiFID II. Finally, it examines the regulatory control framework for conflicts of interest, with a focus on inducements and remuneration policies in the financial services sector.
Investment and Wealth Management
Authors: van Setten Lodewijk
Published: August 2024

This chapter considers the operative legal and regulatory concepts underlying wealth and investment management. It begins with an overview of the legal characteristics of the investment management relationship, the function of the investment manager with respect to institutional versus retail investors, and collective (pooled) portfolio management. It then describes the investment manager’s specialisation in investment strategies and investment styles, the terms and conditions of the appointment of the investment manager, and the skill and care that a manager must apply in the exercise of investment discretion. It also examines trading by the investment manager and the investment manager’s best execution duties before concluding with an analysis of the range of wealth management services offered by investment managers, such as banking (deposit and savings accounts, payment services, foreign exchange services), custody services, investment advice, brokerage and order transmission services, dealer services, and portfolio management services.
Cryptocurrencies: The Underlying Technology
Authors: Green Sarah
Published: August 2024

This chapter provides an overview of decentralisation and distributed consensus, two components that distinguish cryptocurrencies from other forms of electronic payments which use intermediaries and electronic bank money, such as Paypal, WorldPay and BACS. These characteristics also account for the common notion that cryptocurrencies are ‘trustless’ — that is, transacting parties do not have to trust one another in the real world; their trust is in the payment protocol consensus on which cryptocurrencies are based. After explaining decentralisation and distributed consensus in this context, the chapter discusses the features shared by various cryptocurrencies and distributed ledger platforms like Bitcoin. It also introduces the reader to the chapters that follow, each of which considers a particular area of public or private law, and offers either a solution to — or a workable means of approaching — the problems that have either already arisen, or are bound to arise soon, in their application to cryptocurrencies.
It’s Virtually Money
Authors: Green Sarah
Published: August 2024

This chapter examines whether, in the context of English private law, treating cryptocurrencies as money makes sense. It first explains what virtual currencies are and why they present challenges to existing categories before discussing their function as a universal medium of exchange, as a unit of account, and as a store of value. It then considers private law's conventional concept of money and the limitations of this, along with the implications of excluding cryptocurrencies from the definition of money for the legitimate expectations of contracting parties. In particular, it analyses the issue of whether an exchange of goods for other goods represents a barter or a sale and whether the defence of bona fide purchaser for value without notice would apply in the context of virtual currencies. The chapter concludes that there should be no distinction between fiat and virtual currencies in private law.
The Characterization of Cryptocurrencies in East Asia
Authors: Low Kelvin FK , Ying-Chieh Wu
Published: August 2024

This chapter focuses on the characterisation of cryptocurrencies as property in East Asia, with particular reference to three jurisdictions: Japan, China and South Korea. It first provides a brief overview of the legal systems of Japan, China and South Korea before discussing whether cryptocurrencies can be considered a thing recognised in the Civil Code, and how ownership is defined as a matter of the civil law in each of the three jurisdictions. It then examines whether cryptocurrencies can be the object of ownership as a matter of Chinese, Japanese or South Korean law and whether the right to cryptocurrencies may be categorised as a quasi-real right rather than real right. It also looks at two remedies available when the right to cryptocurrencies as a quasi-real right is infringed: rei vindicatio, which arises from the law of real rights, and tort liability, which arises from the law of obligations.
Cryptocurrencies and Banking Law: Are There Lessons to Learn?
Authors: Hare Christopher
Published: August 2024

This chapter considers whether the principles and practices employed by traditional banks may be reconciled with the trading and holding of Bitcoin and other cryptocurrencies. It examines three basic functions of traditional banking — storing value, making payments and lending — and the extent to which they can be performed through cryptocurrency transactions. In analysing the extent to which cryptocurrencies operate as stores of value, the chapter asks whether a cryptocurrency itself stores monetary value and how the economic value in cryptocurrencies is stored in digital wallets. It also discusses four duties that arise from drawing an analogy between digital wallets and bank accounts in the context of bank-customer relationships: the duty to act in accordance with one's mandate; the duty to keep information confidential; the duty to act with reasonable skill and care; and the fiduciary duties (or disabilities) relating to unauthorised conflicts of interest and profit-making.
Non-state community Virtual Currencies
Authors: Geva Benjamin , Geva Dorit
Published: August 2024

This chapter focuses on the use of cryptocurrencies as a kind of ‘community currency’ and what might be the most future-proof characteristics of non-state currencies. It first provides an overview of what digital community currency is before explaining the distinction between legal tender and money in order to emphasise the centrality of ‘acceptance in the community’ in the definition of money. It then considers the relationship between ‘acceptance’ and ‘community’, the origins of community money, and how digitalisation may affect ‘monetary community’. It also asks whether law converges with economic sociology in the area of privately issued money by reviewing the legal history of the banknote, along with its application to the community paper-based money and to the cryptocurrency. Finally, it tackles the question of whether cryptocurrencies constitute ‘money’, whether community currencies bring net benefits, and whether ‘community money’ can be recognised as a separate category of ‘private money’.