bluuebunny/crossref_metadata_2025_split huggingface dataset:
The US Paradigm
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
Banking crises prompted the United States to make lending of last resort, deposit insurance, and bank resolution federal responsibilities long before banks crossed state lines in large numbers. The US system offers an existing and successful model, whereby the deposit insurance and resolution functions are combined under a single institution, the Federal Deposit Insurance Corporation. The key objective underpinning the FDIC’s choice among different resolution options is that the chosen resolution is that which would result in the least cost to the deposit insurance fund. This chapter sets out the role of the FDIC as the deposit insurer, supervisor, and resolution authority, while also examining some key principles of the US approach to dealing with failing banks.
Solange I, BverfGE 37, 291, 29 May 1974; Solange II, BverfGE 73, 339, 22 October 1986; Solange III, BverfGE 89, 155 12 October 1993; and Solange IV, BverfGE 102, 147, 7 June 2000
Authors: Hilpold Peter 
Published: June 2017

Abstract
The Solange case-law stands for a specific form of interaction between the legal order of the European Union (EU) and the legal orders of the member states (MS) or, respectively, between the European Court of Justice (ECJ) and the national Constitutional Courts of the MS. At the start of this line of cases the German Constitutional Court (Bundesverfassungsgericht—BverfG) first upheld its power to consider the compatibility of Community law rules with fundamental rights of the Basic Law (Grundgesetz) ‘as long as the integration process has not progressed so far that Community law receives a catalogue of fundamental rights’ (Solange I). Afterwards, when fundamental rights protection had become sufficiently strong within the EC/EU the BVerfG declared to refrain from such a control activity ‘as long as the European Communities ensure effective protection of fundamental rights’ (Solange II). Subsequently, this case-law was further clarified.
The Revision of the Credit Derivative Definitions in the Context of the Bank Recovery and Resolution Directive
Authors: Grieser Simon , Mecklenburg Christian 
Published: June 2017

Abstract
This chapter examines the adaptation of the International Swaps and Derivatives Association (ISDA) framework by means of the 2014 ISDA Credit Derivatives Definitions (2014 Definitions) in addressing how the EU Bank Recovery and Resolution Directive (BRRD) affects credit derivatives. Particularly, it analyses how the institution or obligation to which the credit derivative is referenced becomes subject to the measures. Financial derivatives are financial instruments which provide for an immediate or future exchange of a reference value. Its price inter alia derives from the underlying reference value. Credit Derivatives help transferring the risk of a referenced third party defaulting on its obligation from the buyer to the seller of the Credit Derivative. The chapter explores the documentation of Credit Derivatives and the adjustments made during the financial crisis. It concludes with an analysis of the BRRD from a Credit Derivatives’ perspective and illustrates experiences made during the financial crisis.
Third Country Relations in the Directive Establishing a Framework for the Recovery and Resolution of Credit Institutions
Authors: Nieto Maria J 
Published: June 2017

Abstract
This chapter discusses how the introduction of the Directive for the recovery and resolution of credit institutions through the EU Bank Recovery and Resolution Directive (BRRD) affects third country relations. It argues that effective resolution of internationally active institutions requires cooperation between the Union, Member States, and third country resolution authorities. The BRRD establishes that the objectives of resolution authorities are to ensure the continuity of critical functions; to avoid significant adverse effects on Financial stability, including to prevent contagion and to protect insured depositors and client relations, while minimizing the public and private costs of resolution. Cooperation with third country resolution authorities will be facilitated if their resolution regimes are also consistent with those principles; hence, the importance of international coordination.
Bank Resolution Financing in the Banking Union
Authors: Hadjiemmanuil Christos 
Published: June 2017

Abstract
This chapter explores bank resolution financing in the Banking Union, a project launched in 2012 as a direct response to the euro area’s crisis that began in Spain. The Banking Union is a streamlined and highly centralized regime for the supervision and resolution of all banks in the euro area and beyond, based on a novel, complex institutional set-up. The Union relies on supranational decision-making, especially with regard to the largest and most important banking institutions. The chapter assesses the Banking Union’s two-pronged institutional construction: the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). It concludes by discussing how the Bank Recovery and Resolution Directive (BRRD) affects resolution financing in the Banking Union.
The Role of Deposit Insurance Post Implementation of the EU Recovery, Resolution, and Deposit Guarantee Directives
Authors: LaBrosse John Raymond , Walker David K 
Published: June 2017

Abstract
This chapter explores some key provisions of the European Bank Recovery and Resolution Directive (BRRD) and how it relates to deposit protection provided by the European Directive on Deposit Guarantee Schemes (DGS). It explains the structure and roles of the agencies that comprise a financial system safety net and the pertinent features of the arrangements that have been widely adopted. In particular, the chapter considers the provisions of the Directive respecting which agency within the safety net should have responsibility for bank resolutions, the ‘bail-in’ provisions embodied within the Directive, and significant issues that have yet to be addressed fully. In doing so it examines how the EU Directive lines up with work undertaken by the Financial Stability Board (FSB) and the International Association of Deposit Insurers (IADI).
The Use of a Composition Plan as a Valuation and Distribution Framework
Authors: Faber Dennis , Verhoeven Frédéric , Vermunt Niels 
Published: June 2017

Abstract
The commencement of chapter 11 proceedings in respect of Lehman Brothers Holdings Inc (LBHI) triggered the downfall of its intricate web of group companies around the world. The Dutch incorporated second-tier subsidiary Lehman Brothers Treasury Co BV (LBT) was declared bankrupt on 8 October 2008 – the largest bankruptcy case in Dutch history and unprecedented in Dutch insolvency practice. Various new features were tested (and approved by the court) in the LBT proceedings which could provide important lessons for future large insolvency cases of issuers of debt securities on the international capital markets. Despite the fact that the Dutch Bankruptcy Code dates back more than a century ago and was not designed for several complex issues which arose in the LBT proceedings, the chapter argues, it did facilitate a tailored made solution for an effective and transparent settlement of the affairs of the main treasury entity of the Lehman Brothers group.
Derivatives in Cross-Border Insolvency Proceedings
Authors: Garcimartín Francisco 
Published: June 2017

Abstract
This chapter defines derivatives as a starting point and looks at how they work. Traditionally, they have enjoyed privileged status in an insolvency scenario, both at the substantive-law level and at the conflict-of-laws level. The chapter describes how the new resolution framework has reduced that privileged status and ‘re-routed’ those financial agreements to general principles of insolvency law, in particular as regards the ‘ipso facto clause’ and other termination rights, and explains its reasons. This raises the question of whether that privileged status must be kept and the resolution scenario must be qualified as an exception to it, or conversely whether this is just a first step to reconsidering the whole approach.
Typology of Mining Projects
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
This chapter discusses the classification of mining projects. Mining projects can be classified based on their state of advancement, for example, exploration phase development phase, production phase, or reclamation phase. Only 0.1 percent of all targets will result in a pre-feasibility study, few of which will ultimately result in a feasibility study and the construction and commercial exploitation of a mine. Another classification for mining projects relies on the types of metals or minerals encountered or produced at a mining project. The remainder of the chapter identifies the main types of metals or minerals commercially mined today, their main uses, annual production, and main producing countries. All these characteristics have a significant impact on the risk profile and profitability of a given mining project, and on the potential for disputes to arise.
Political Risk and Resource Nationalism
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
This chapter first discusses the notions of political risk and resource nationalism. Political risk refers to the risk that some political event will materially affect the projected profitability or the legal framework of a given project or investment. Resource nationalism refers to the tendency of a host government to take action to increase its control of-and value derived from—the development of its national resources, often after a private foreign investor has placed the resource into commercial production. The chapter then covers expropriations and nationalizations of international mining projects; the principal types of measures employed by Host States to increase their participation in, revenues from, and control over mining projects; breach, repudiation, or forced renegotiation of international mining contracts by Host States; and managing political risk for international mining projects.
Dispute Resolution
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
This chapter begins with a comparison of contract and investment disputes. From an arbitration standpoint, contract-based disputes are predominately commercial disputes submitted to arbitration by virtue of an arbitration clause. In the absence of an arbitration clause, disputing parties might resort to specific agreements or submission agreements in order to find recourse to arbitration. International investment arbitration differs from commercial arbitration in the way the parties express their consent. It is often based on States’ domestic legislation or international agreements between two or more States providing for protection of each contracting State’s investors in their respective territories. The remainder of the chapter discusses the importance of investment protection and investor-State arbitration in international mining disputes.
Substantive Contractual Principles
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
The mining industry relies on a myriad of contractual agreements to organize relations between the different actors involved in mining projects and transactions. It follows naturally that international mining disputes will often concern the respective obligations of the different parties involved in these agreements. This chapter discusses the principal substantive principles applicable to international contractual mining disputes. It notes the importance of considering the applicable law when drafting an agreement. It pays particular attention to the principles invoked by parties seeking to avoid existing contractual or legal obligations, which are frequently invoked but often misunderstood. These defences include force majeure and its corollary, the act of the prince (fait du prince) doctrine, hardship, and necessity, which States can invoke to excuse non-compliance with their international obligations. This is particularly relevant given the strong nexus between the mining sector and State sovereignty.
Towards a Lex Mineralia
Authors: Burnett Henry G , Bret Louis-Alexis 
Published: June 2017

Abstract
This brief chapter discusses the emergence of a set of substantive transnational principles governing international mining disputes. Over the past two decades, an increasing number of arbitral awards relating to international mining disputes have been published. This is particularly so in the context of disputes between States entities and international mining companies. As was the case earlier with the petroleum industry, these public awards provide the source material from which customary law may be drawn. This has not yet created a mature set of principles and regulations, but it has developed the beginning of a lex mineralia that guides the international mining industry. As an increasing number of arbitral awards are rendered and become public, owing to a growing push for increased transparency in international arbitration, this lex mineralia may well mature and develop into a recognized subset of international law.
Broches’s “Working Paper”
Authors: Parra Antonio R 
Published: June 2017

Abstract
This chapter provides a detailed, stage-by-stage narrative of the drawing up of the text of the Convention between 1962 and 1965. For their work on what became the ICSID Convention, the Executive Directors convened a committee of the whole comprising all of the Executive Directors. Called the Committee of the Whole on the Settlement of Investment Disputes, it held six initial meetings during the period from December 1962 to June 1963. In these meetings, the Executive Directors discussed the Working Paper in the form of a Draft Convention for the Resolution of Disputes between States and Nationals of Other States. Broches had submitted this Working Paper to the Executive Directors in June 1962. The chapter examines the Working Paper and the discussions of it in the Committee of the Whole.
Finalizing the Text of the Convention
Authors: Parra Antonio R 
Published: June 2017

Abstract
This chapter provides a detailed, stage-by-stage narrative of the drawing up of the text of the Convention between 1962 and 1965. The day after the adoption of the resolution, the President of the Bank addressed a letter to all member countries notifying them, as planned, that they could each designate a representative to serve on the committee of legal experts which would commence its work the next month. Enclosed with the President’s letter was a first Draft Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the First Draft). It was to serve as a working paper for the meetings of the committee. The chapter describes the First Draft, the meetings of the committee of legal experts and the concluding steps in the formulation of the Convention.
“The Premier International Investment Arbitration Facility in the World”
Authors: Parra Antonio R 
Published: June 2017

Abstract
This chapter examines activities of the Centre from the start of 2011 to the end of June 2015. Almost 50 percent more cases were registered at ICSID in that period compared to the previous five years. The chapter provides some statistics on the cases of this period. As in the decade before, it shows, most the cases were brought to ICSID on the basis of the dispute settlement provisions of investment treaties, mostly bilateral investment treaties (BITs) (in over 60 percent of the cases). A large proportion of the cases (more than ten percent) came to ICSID under the Energy Charter Treaty (ECT). Cases submitted to the Centre pursuant to the dispute resolution clauses of investment contracts made up for a smaller share of the total. A handful (5 percent) of the cases were initiated under dispute settlement provisions of an investment law of the host State. The chapter then looks at institutional developments of ICSID during the period and considers new challenges that ICSID might meet in the future.
Experiences and Suggestions Regarding the Functioning of International Arbitration Institutions
Authors: Böckstiegel Karl-Heinz 
Published: June 2017

Abstract
This chapter first discusses the role of institutions in international arbitration in general, specifically institutional versus ad hoc arbitration and the different roles of arbitral institutions. It then describes the author’s own experiences as an active arbitrator under the rules of various arbitral institutions throughout the world and also as President of the Iran-United States Claims Tribunal at The Hague, President of the LCIA, and President of the DIS. Next, the chapter presents some recommendations on how the work of arbitral institutions may be improved based on the author’s personal experiences. It concludes with the suggestion that all those involved in the interaction between the institution, the parties, and the tribunal suppress their egos as much as possible. No matter how much experience one has, one must still listen, keep an open mind, and be ready for compromise if it serves the smooth conduct of the procedure within the applicable rules.
The New 2014 LCIA Rules
Authors: Veeder V V 
Published: June 2017

Abstract
This chapter discusses the revised rules of the London Court of International Arbitration (LCIA). The revisions fall into two basic groups: changes to correct earlier drafting inconsistencies (from 1981 to 1998), inaccurate reflections of actual LCIA practice, and excessively English legal language for an international arbitration; and new procedures decided by the LCIA. These revisions include the increased use of electronic communications by parties with the LCIA registry and LCIA tribunals, particularly for starting an LCIA arbitration; the procedure for an emergency arbitrator; changes to the default arbitral seat of an LCIA arbitration; the consolidation, etc., of different arbitrations for multi-party disputes; and a solution to the ‘Slovenia’ problem regarding potential conflicts between an arbitrator and a party’s legal representative.
Meeting the Requirements of Article 3(3) of the IBA Rules
Authors: McNeill Mark , Ryan Margaret Clare 
Published: June 2017

Abstract
The International Bar Association (IBA) Rules on the Taking of Evidence, first issued in 1999, were designed as a tool for parties and for arbitrators to promote ‘an efficient, economical, and fair process for the taking of evidence in international arbitration’. Article 3 of these Rules, concerning the taking and presentation of documentary evidence, is arguably the central provision given the important role played by documentary evidence in international arbitral proceedings compared to other means of evidence. However, disputing parties often debate the practical application and interpretation of Article 3-particularly relating to Article 3.3, which sets forth the positive requirements that a party must meet when submitting a request to produce documents that are in the control of an opposing party (a ‘Request to Produce’). This chapter explores the most debated criteria of Article 3.3 in order to identify the characteristics of a well-drafted Request to Produce. Meeting the Article 3.3 requirements will assist a party in advancing its case by obtaining the production of vital and specific documents in an adversary’s possession. It will also promote an efficient and cost-effective process of taking evidence in international arbitration.
‘Other Costs’ in International Arbitration
Authors: Berard Marie 
Published: June 2017

Abstract
This chapter explores the types of costs that may be awarded in arbitral proceedings, analysing the underlying principles governing the recoverability of costs in international arbitration. In particular, it focuses on how claims relating to the costs of in-house legal counsel; staff and senior management; and third-party funding arrangements are generally decided by arbitral tribunals. While most arbitral rules expressly allow for the recovery of arbitral costs and reasonable legal fees incurred by external counsel, the position is less clear where the fees of in-house lawyers, lost management time, or third-party funding arrangements are concerned. In theory, in-house counsel fees should be recoverable where parties are able to demonstrate the reasonableness and necessity of these costs. As for management costs, a party should in principle be able to recover such costs in arbitration if it can prove that the time spent on the arbitration caused substantial disruption to its business. Costs underwritten by a third-party funding arrangement should, in principle, be similarly recoverable provided the funding arrangement was agreed at arm’s length and is permitted under the applicable laws.
The Agent’s Liability for Breach of Warranty of Authority
Authors: Munday Roderick 
Published: June 2017

Abstract
This chapter looks at ways of engaging an agent’s liability on his warrant of authority. An action for breach of warranty of authority will lie whenever the ‘agent’, no matter how innocently, represents to a third party that he has authority to act on behalf of a principal and the third party, relying upon that representation, acts in a manner in which he would not otherwise have done had the representation not been made. The agent will be taken to have warranted the truth of his assertion and will be liable for the loss occasioned to the third party by this misrepresentation of authority. The agent may be acting under an existing agency agreement and misrepresent the extent of their authority, or he might not be an agent at all. There will, however, be exceptional situations in which the agent will not be held liable.
Attorney-Client Privilege in International Arbitration
Authors: Möckesch Annabelle 
Published: June 2017

Abstract
Attorney–client privilege is often invoked as a defence in international arbitration proceedings. Nevertheless, the participants often have very different expectations regarding the applicable privilege standard, as national attorney–client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitration rules do not include provisions on the scope of attorney–client privilege, nor do they contain conflict-of-laws rules to determine the applicable national privilege standard. The determination of the applicable level of protection is rather left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book provides guidance to arbitral tribunals regarding the determination of the applicable attorney–client privilege standard. It compares attorney–client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.
Introduction to SIAC Arbitration
Authors: Mangan Mark , Reed Lucy , Choong John 
Published: June 2017

Abstract
This chapter presents a brief history of the Singapore International Arbitration Centre (SIAC), and discusses its rules of arbitration and its changes. The Singapore government's Economic Committee recommended the establishment of an international arbitration centre in Singapore to help secure Singapore's place as a regional centre for legal services. This led to the establishment of SIAC in March 1990 as a non-profit public company limited by guarantee. The 2013 SIAC Rules affect two minor changes to the 2010 SIAC Rules: it makes organizational changes by establishing new SIAC court, and it makes conforming retrospective amendments to the 2007 and 2010 SIAC Rules.