bluuebunny/crossref_metadata_2025_split huggingface dataset:
London
Authors: Jagusch Stephen , Triantafilou Epaminontas E 
Published: June 2017

Abstract
This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.
Moscow
Authors: Ivanov Mikhail , Manassyan Inna 
Published: June 2017

Abstract
This chapter evaluates the merits of Moscow as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Russia; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. A recent survey on Russia as a place for arbitration showed that most respondents did not have any manifestly positive or negative attitude toward Russia as a place for arbitration. This absence of ‘exceptionally positive’ or ‘exceptionally negative’ views shows that continued efforts in providing greater support to arbitration are needed to bring Russia's current status of international arbitration practices in line with international trends. On a positive note, the Russian Federation appears to be moving gradually toward improving the efficiency of its legislation on international arbitration and abandoning the historical, overly formalistic approach of state courts on matters related to arbitration.
Vienna
Authors: Pitkowitz Nikolaus 
Published: June 2017

Abstract
This chapter evaluates the merits of Vienna as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Austria; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Austria is a United Nations Commission on International Trade Law (UNCITRAL) Model Law jurisdiction with a long and stable history of supporting arbitration. A wealth of decisions by the Austrian Supreme Court and a wealth of legal commentaries offer clear guidelines to the arbitration practitioner and only very few surprises. The Vienna Rules are one of the most streamlined of modern institutional arbitration rules that provide substantial flexibility for arbitral proceedings.
A Guide to the SIAC Arbitration Rules
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This book provides a rule-by-rule examination of the inception, interpretation, and application of the 2010 SIAC Rules. Its approach is practical and strategic and considers how each rule features in the context of the realities that practitioners face, while a complementary thematic analysis brings out connections between the rules and those of other institutions. The work benefits from the privileged access to the travaux préparatoires of the 2010 Arbitration Rules Drafting Committee, giving them insight into the purposive thinking behind the amendments, as well as access to SIAC awards and the views of the SIAC Secretariat. The book begins with an analysis of Singapore arbitration law, the history of the SIAC, and a consideration of the rising prominence of Indian parties in SIAC arbitrations and its consequences. Every rule is then examined in detail. The book concludes with chapters dedicated to SIAC domestic arbitrations and cases administered by SIAC which are governed by the UNCITRAL Arbitration Rules. Relevant supporting documents are appended, including SIAC Practice Notes and the SIAC Code of Ethics for Arbitrators.
The Basic Features of Investment Treaties
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
Chapter 2 introduces the reader to the basic features of investment treaties, with particular emphasis on two types of treaties under which investment arbitrations have arisen: bilateral investment treaties (BITs) and multilateral investment treaties. It first discusses the structure of BITs, focusing on provisions in such areas as substantive rights, compensation for losses (war clause), free transfer of payments, dispute settlement, and subrogation. It then examines the common provisions of four major multilateral investment treaties, namely: NAFTA; the Energy Charter Treaty; the ASEAN Comprehensive Investment Agreement and the newly-concluded Trans-Pacific Partnership Agreement (not yet in force).
Treatment of Investors
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: June 2017

Abstract
Chapter 7 examines central treaty provisions on the treatment of investors. It begins with a discussion of the basis and character of treatment obligations, paying attention to the rule of law in international investment protection, the structure of investor treatment provisions within investment treaties, the historical evolution of the treatment standards, and the use of general rules in their interpretation. It then considers how the treatment standards have been developed and applied in contemporary arbitral awards. It conducts a detailed analysis of the principal treaty protections of fair and equitable treatment, full protection and security, national treatment, and most-favoured-nation treatment. It concludes by offering an integrated approach to the determination of contested rights.
Commercial Arbitration in Germany
Authors: Kreindler Richard , Wolff Reinmar , Rieder Markus S 
Published: June 2017

Abstract
This book provides a detailed commentary on and analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.
The Conduct of Retail Banking and Investment Business
Authors: Proctor Charles 
Published: June 2017

Abstract
The conduct of banks in relation to their retail customers used to be governed by two voluntary codes: the Banking Code (for personal customers) and the Business Banking Code (for corporate and business customers). This voluntary scheme for the regulation of retail business came to an end on 1 November 2009, when the Banking Conduct of Business section (BCOBS) of the UK Financial Services Authority (FSA, now UK Financial Conduct Authority (FCA)) Handbook came into force. This chapter examines the main requirements of BCOBS. It also considers the requirements applicable to banks in the field of investment services provided to retail clients, to the extent to which these are affected by the EU's Markets in Financial Instruments Directive.
Deposit Protection Schemes
Authors: Proctor Charles 
Published: June 2017

Abstract
This chapter reviews deposit protection arrangements which come into operation on the insolvency of a bank. It covers EU law requirements in the field of deposit protection; the implementation of those requirements in the UK by means of the Financial Services Compensation Scheme; the revisions to the powers and role of that scheme made pursuant to Part 4 of the Banking Act 2009; and the legal aspects of the recent diplomatic rift between the UK and Iceland, following from deposit protection arrangements applicable to the UK branch of an Icelandic bank.
Duties of the Paying Bank
Authors: Proctor Charles 
Published: June 2017

Abstract
This chapter considers the duties and potential liabilities of the bank in its capacity as a paying bank, that is, in meeting cheques and making payments at the request and for the account of the customer. It discusses the obligation of the bank to make payment; the nature and consequences of an unauthorized payment; various statutory protections available to an institution in its capacity as a paying bank; payment by mistake; and the extent to which the paying bank may incur liabilities to third parties in the course of performing its functions.
Charges Over Shares and Other Securities
Authors: Proctor Charles 
Published: June 2017

Abstract
A charge over shares may be taken for various reasons. Where the security consists of a portfolio of listed securities, they will have their own ascertainable value and there will be a ready market for them in the event that the bank wishes to realize its security. A bank may also wish to take a charge over shares for other, less obvious reasons. For example, if it funds the acquisition of a commercial property by a company specifically incorporated for that purpose, it may wish to take a charge over shares from the equity investors. This chapter discusses legal charge; equitable charge over shares; validity of a security interest created over shares in a foreign company; charges over uncertificated securities; the need to deliver a charge over shares or other securities to the registrar of companies for registration within 21 days of its creation; and priorities of competing mortgages over shares.
Avoidance of Security in Insolvency
Authors: Proctor Charles 
Published: June 2017

Abstract
When a company is facing insolvency, the law requires the company and its directors to consider the interests of the creditors as a whole. Lenders (such as banks) which are in a position to take security are likely to have more information about the company's situation than is available to the general body of trade creditors. Thus, there should be some effective constraint against the bank's ability to prop up the company in a manner which may be detrimental to the interests of the unsecured creditors. This chapter discusses transactions at an undervalue; preferences; extortionate credit transactions; floating charges; and transactions defrauding creditors.
Banks and the Eurozone Crisis
Authors: Proctor Charles 
Published: June 2017

Abstract
The Eurozone has been in the midst of a financial crisis since the extent of Greece's sovereign debt problems became public in 2009. This chapter examines the consequences if a Member State found itself compelled to withdraw from the Eurozone as a result of its difficulties. It begins with some general remarks about the applicable treaty provisions and the framework for a Eurozone withdrawal. It then analyses the consequences if Greece withdrew from the Eurozone with the consent of the other Member States; or if Greece withdrew from the zone on a unilateral basis. It also considers essential measures aimed at protecting the national economy and the banking system, including the imposition of exchange controls.
Cross-Border Financial Services, Consumer Protection, and Unfair Contract Terms
Authors: Proctor Charles 
Published: June 2017

Abstract
This chapter considers the provisions of Rome I that deal specifically with financial instruments and contracts for the provision of financial services. It discusses the background to Rome I and its consumer protection rules; the meaning of ‘financial instruments’ for Rome I purposes; contracts concluded within a multilateral trading system (Articles 4(1)(h) and 6(4)(e)); consumer law exemptions applicable to financial instruments, rights issues, and takeover offers (Article 6(4)(d)); the consumer law exemption relating to foreign services (Article 6(4)(a)); the banker-customer relationship; and the impact of domestic consumer laws.
Customer Obligations and Foreign Law
Authors: Proctor Charles 
Published: June 2017

Abstract
This chapter examines the impact of foreign law (moratoria or exchange controls) on the obligations of the customer to the bank. Exchange controls and similar laws will be of mandatory application in the country concerned, and the borrower have no choice but to comply with them. It may therefore be impossible for the borrower to instruct its bank to make the necessary payments. It is also important to know whether the English courts will continue to regard the debt obligation as valid.
Enforcement
Authors: Jagusch Stephen 
Published: June 2017

Abstract
This chapter discusses the enforcement of financial awards in international financial disputes. It explains the presumptive validity of arbitral awards and the ‘pro-enforcement’ approach to the recognition and enforcement of awards under the New York Convention and national arbitration statutes. It considers the limited grounds on which enforcement of an award may be challenged under Article V of the New York Convention, and the circumstances in which the courts of Contracting States may adjourn or suspend recognition proceedings pending the resolution of actions to annul an award in the arbitral seat. It summarizes overviews of the enforcement schemes provided under the International Centre for Settlement of Investment Disputes (ICSID), Panama, and Geneva Conventions, and certain practical issues surrounding the tracking of assets of scofflaw award debtors.
Background, EU and Global Influences
Authors: Morris Simon 
Published: June 2017

Abstract
This chapter traces the recent history of the UK system of financial services regulation. It begins by providing some context to the Gower Report of 1984, before detailing the changes that the resulting Financial Services Act (FSA) 1986 introduced (principally the establishment of self-regulating organisations (SROs)). The success of Labour’s replacement of the SROs with the Financial Services Authority (FSA) in 2000 (under the Financial Services and Markets Act (FSMA) 2000) is assessed in light of the financial crisis of 2007–2009. The key causes of the crash, and the actions of the Government and the FSA during it, are analysed. It explains the restructuring of the regulatory set-up (with the introduction of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA)) following the crash. The influence of recent European regulatory reform on the UK is also considered.
The Constitution and Powers of the UK Regulators
Authors: Morris Simon 
Published: June 2017

Abstract
This chapter explains the interrelated powers and responsibilities of the various UK bodies involved in the new system of financial services regulation. The role, constitution, and powers of the Bank of England and the Financial Policy Committee (FPC) are reviewed. The policies, statutory framework, and constitutions of the Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) are assessed. The provisions—the eight regulatory principles (3B), the principles of good governance (3C), the requirement to coordinate with one another, and requirement to cooperate with any treasury-ordered enquiry into serious regulatory failures—which apply to both the PRA and FCA are examined.
Authorisation
Authors: Morris Simon 
Published: June 2017

Abstract
In this chapter the concept of ‘authorisation’, in the context of the general prohibition, is explored. The process of obtaining authorisation through a Part 4A permission is explained. Next, the threshold conditions that a firm must meet, both on authorisation and subsequently, are given. The key concept of passporting within the European Economic Area (EEA) is explained for firms based in the EEA and the UK. The four principal categories of persons who are exempted from authorisation requirements are discussed. Finally, this chapter examines how a firm’s permission can be varied or cancelled, and how the regulator can impose requirements upon the firm to take or not to take some specified action.
Prudential Regulation
Authors: Morris Simon 
Published: June 2017

Abstract
This chapter reviews the operation of the main elements of the Prudential Regulatory Authority’s (PRA) and the Financial Conduct Authority’s (FCA) prudential regulation. Prudential regulation concerns culture, systems, governance, and risk management as well as capital resources. The standards attached to each of these elements are explained in this chapter. It also considers the extra requirements placed on qualifying banks by the recovery and resolution regime, as well as the need to ring fence retail and other core services.
Financial Promotions—Regulating Marketing Material
Authors: Morris Simon 
Published: June 2017

Abstract
This chapter considers the regulation of financial promotions. The promotion of marketing material for financial products and services regulated under the Financial Services and Markets Act (FSMA) 2000 is restricted. Section 21 FSMA dictates that only authorised persons may issue marketing material, unless an authorised person has approved the material and accepted responsibility for its contents, or the material falls within an exclusion prescribed by the Financial Promotions Order (FPO). This chapter explains the elements of the restriction: the meaning of terms such as ‘communicate’, ‘invitation’, ‘inducement’, ‘controlled investments’, and ‘controlled activities’. The offence of contravening the restriction, and its consequences, are reviewed. The exclusions from the restriction contained in the FPO are considered. The Financial Conduct Authority’s rules and policy on financial promotions (contained in COBS 4) are also explained.
Powers of the UK Resolution Authority
Authors: Gleeson Simon , Guynn Randall 
Published: June 2017

Abstract
This chapter describes the widening jurisdiction of the UK Banking Act 2009 (BA) to include—not only banks—but also regulated non-banks and non-bank group entities. The UK BA, as initially drafted, applied only to banks—that is, to the legal entities which held a UK deposit-taking authorization. However, since in general banks conduct their activities through banking groups rather than as single entities, it rapidly became clear that for a group of any size it was necessary for the resolution authority to act in respect of group companies other than the authorized bank. Thus, as from 1 August 2014, the resolution powers and tools set out in the Act can be applied to any UK-incorporated member of a bank group. The chapter also provides a detailed consideration of when the various powers may be exercised, and what the formal triggers are for the commencement of resolution.
Non-Discrimination Treatment
Authors: Gallagher Norah , Shan Wenhua 
Published: June 2017

Abstract
The non-discrimination principle is one of the fundamental principles underpinning international investment treaties. Its most common manifestations are the most-favoured-nation clause (MFN) and the national treatment (NT) clause. All Chinese BITs and FTAs have included some form of non-discrimination requirements—all of them have an MFN clause, whilst fewer than half of them also have an NT clause. This chapter deals with the two standards of non-discrimination treatment: most-favoured-nation treatment and national treatment. For each standard, the general meaning and application by arbitration tribunals of are analyzed. The particularities of such standard under Chinese investment treaties are then examined.
Judith Butler,Gender Trouble
Authors: Chambers Clare 
Published: June 2017

AbstractThis chapter discusses Judith Butler’s Gender Trouble (GT) and its legacy in political theory. It sets out five themes of GT: the claim that identity is always the result of power; the interplay between sex, gender, and desire; the critique of “identity politics,” including any feminism that posits a stable category of “women”; the concept of performativity; and the possibility of change via subversive performance. The chapter then goes on to discuss the major impact that GT has had on feminist theory, queer theory, trans theory, and intersectionality, along with the surprising lack of impact on theories of multiculturalism and identity theory more broadly. Finally the chapter discusses some main criticisms of the book.
Love, Jealousy, and Compersion
Authors: de Sousa Ronald 
Published: June 2017

Abstract
Jealousy is widely regarded as a “negative emotion.” Recently, however, there have been attempts to rehabilitate it, either as biologically functional or even as a moral virtue. This chapter rejects these defenses. It suggests that the standard jealousy-eliciting sexual or romantic situation can and sometimes should be re-gestalted as an occasion for “compersion,” or joy taken in the loved one’s pleasure and happiness. The possibility of such a transmutation is suggested by the fact that a common core of arousal can sometimes elicit contrary emotional responses, depending on the framing story in terms of which it is construed. The idea also draws support from an analogy with the dual nature of pain, as both sensation and aversive/motivation. If an aversive jealousy response can be converted into compersion in the way suggested, it would illustrate an important aspect of the mutability of emotions. It would also have highly desirable practical consequences.
Manchester
Authors: Nevell Michael 
Published: June 2017

AbstractThis chapter provides an overview of one of the most significant nineteenth-century industrial cities: Manchester. It reviews the seventeenth- and early eighteenth-century background to the emergence of the nineteenth-century industrial city: weak local lordship and the concentration of commercial power in a small group of entrepreneurial textile families. What emerged was a template for the industrial city: an urban-based textile manufacturing centre with dedicated workers’ housing serviced by a detailed and efficient transport network. This model would be copied by cities in Europe and North America during the nineteenth and early twentieth centuries. The outline of the nineteenth-century industrial city is described through its archaeology, in the form of standing structures and excavated evidence. This includes the canal and railway infrastructure, the excavation of workers’ housing and the recording of surviving workshop dwellings, and the survey and excavation of Manchester’s most important manufacturing type-site: the steam-powered cotton spinning mill.