bluuebunny/crossref_metadata_2025_split huggingface dataset:
Project Finance in Civil Law Jurisdictions
Authors: Maffei Antoine , Cazali Jean-Renaud 
Published: June 2017

Abstract
This chapter analyses the origins of project financing under civil law since the origins of the concession systems, especially in France, and its influence on the project financing and on the existing legal corpus applicable to public contracts. A large part of the chapter is dedicated to the issues arising from secured lending and to the various types of security interests available in civil law jurisdictions. The authors also describe the OHADA legal system seeking to harmonize business laws in Africa. The OHADA is deeply influenced by French civil law. A recent reform relating to security has incorporated in the OHADA Uniform Act several security interests practised and developed in the last 30 years in France.
Dispute Resolution in Project Finance Transactions
Authors: Nolan Michael , Canning Tom , Culbertson Erin , Hogwood Emma , Kinninmont Paul 
Published: June 2017

Abstract
Dispute resolution mechanisms in the project finance context are a means of enforcing the allocation of risksamong a project’s many participants. Swift, flexible, final, and enforceabledispute resolution mechanisms allow a project’s intended risk allocations to be maintained. This chapter identifies various dispute resolution mechanisms available to project participants. Much of the chapter is devoted to exploring the advantages and disadvantages of two dispute resolution regimes—litigation and international arbitration—including looking at enforcement. It considers how investment treaties provide additional protection against political risk factors faced by cross-border projects and describes typical dispute resolution fora(such as ICSID)for investor–state disputes. The chapter also provides a ‘toolkit’ for drafting dispute resolution provisions designed to achieve participants’ goals.
Introduction
Authors: Schaffstein Silja 
Published: June 2017

Abstract
This introductory chapter discusses the judiciary problems that may arise from the increasing number of multi-fora disputes in the international arbitration. International arbitration is widely considered to be the principal method of dispute resolution for international commercial disputes, which commonly involve multiple parties, contracts, and issues. The multiplicity of the subjects involved in the disputes often results in conflicts concerning the proper forum to be applied, and give rise to the question: if a national court renders a decision on the jurisdiction of the arbitral tribunal, would the arbitrators be bound by the prior decision, or could they decide anew whether they have jurisdiction? If the arbitrators are bound by a national court judgment, the parties’ arbitration agreement may be frustrated. On the other hand, if the arbitrators are not bound by the prior judgment and decide that there is a valid arbitration agreement, parallel court and arbitration proceedings may ensue.
Res Judicata Issues Arise in International Commercial Arbitration
Authors: Schaffstein Silja 
Published: June 2017

Abstract
This chapter presents varying situations in which issues concerning the res judicata doctrine arise before arbitral tribunals. These situations may be sorted into four categories, based on the nature of the court or tribunal having rendered the first final and binding decision. First, situations that arise between arbitral tribunals and state courts; second, between different arbitral tribunals; third, within a same arbitration proceeding between a partial and a final award and lastly, between supra national courts or tribunals and arbitral tribunals. The fourth category concerns mostly investment protection treaty cases. Because of the proliferation of multiple proceedings and an increasing bifurcation of arbitration proceedings, the number of cases in which arbitrators will have to deal with res judicata issues will also increase.
Transnational Res Judicata Principles for International Commercial Arbitral Tribunals
Authors: Schaffstein Silja 
Published: June 2017

Abstract
This chapter explains principles of the res judicata doctrine for international commercial arbitral tribunals based on transnational law. There are two main values that transnational litigation upholds in determining the scope of the preclusive effects of a prior judgment in one country and the subsequent proceedings in another country. First, a judgment must be accepted in the recognising state with the original effects it would have in the state in which it was first rendered. Thus, the law of the country, where the first judgment was rendered, will determine the judgment’s preclusive effects in the subsequent proceedings. Second, the application of the law of the rendering state should preserve the integrity of the rendering state’s judicial system and that state’s resources.
Conclusion
Authors: Schaffstein Silja 
Published: June 2017

Abstract
This chapter concludes that the questions arising from the doctrine of res judicata in international commercial arbitration is only one aspect of a greater problem — the coordination of jurisdictions between arbitral tribunals and other national, international, and supra-national courts and tribunals. The parallel coexistence of these courts and tribunals, coupled with the increasing complexity of international disputes that involve a multitude of closely related parties, contracts, and issues, will inevitably lead to conflicts of jurisdiction. These conflicts not only raise questions of res judicata, but also of the applicability of other jurisdiction-regulating mechanisms, such as lispendens, forum non conveniens, consolidation, and joinder, as well as the availability of anti-suit and anti-arbitration injunctions of damages for the breach of arbitration agreements.
General Introduction
Authors: Grant Tom , Brent Richard 
Published: June 2017

Abstract
This book is concerned with the emergence of an international law of money laundering. The Introduction explains that a re-ordering of international monetary relations after World War II necessitated new approaches to the law of money in general. Epochal changes in monetary relations across borders have resulted in review and revision of the rules of international law concerned with money, and, accordingly, governments, legislatures, courts, and commentators have needed to re-visit those rules occasionally. The international law of money laundering has mostly been grafted upon the world’s monetary system; it has not involved the creation of a completely new system. However, the Introduction argues, it has had a significant impact. The impetus that has led states and international organizations to adopt money laundering rules at the international level is a reaction to a threat, or series of threats, originating largely outside the system. These threats include: organized crime on an international and macro-economic scale; terrorism; and the need to change the conduct of some states. This book as a whole presents an account of international law in its present evolving state in the field of tainted money. The chapters herein aim to address the law as it currently is; and close with a look at where the future of money might take us and those who aim to regulate its misuse.
International Legal Sources I—the United Nations Conventions
Authors: Png Cheong-Ann 
Published: June 2017

Abstract
This chapter looks at the origins of the international regulation of tainted money. This has its origins in laws concerning drugs, in particular the illicit production and trafficking of drugs and the connection of that trade to organised crime. More recently, terrorism, whether financed from the proceeds of crime or tainted money or with legitimate funds, has come under the rubric of the international regulation of tainted money as well. The chapter describes how the principal international initiatives in the development of international law and standards in these areas have been at the levels of the United Nations (UN) and the Financial Action Task Force (FATF). The UN conventions and UN Security Council resolutions as well as the FATF Recommendations, the chapter concludes, should be kept in view when considering proceeds of crime and tainted money. This chapter provides a framework for understanding these instruments, including their implications for domestic law and practice.
Money Laundering Offences under POCA 2002
Authors: Fortson Rudi 
Published: June 2017

Abstract
This chapter begins by providing an introduction to the issue of money laundering by looking at the scale of it on the international level and the current rules and provisions. It next provides a brief history of UK money laundering legislation. Specifically it looks at the position prior to the Proceeds of Crime Act (POCA) 2002. It examines current money laundering statutory provisions and European Union (EU) instruments which are employed to combat money laundering. The next section of the chapter looks at the words, phrases, and concepts of POCA 2002. It also examines the main money laundering offences. Other offences are discussed in detail. It ends with a look at the various institutions and professionals required to prevent money laundering.
Regulatory Responsibilities
Authors: Brent Richard 
Published: June 2017

Abstract
This chapter looks at the Money Laundering (ML) Regulations of 2007. These regulations implement both the Third Money Laundering Directive and the first implementing directive of the EC Commission. For the most part, the ML Regulations 2007 adopt the ‘copy-out’ or ‘direct incorporation’ method of transposing the Community measures into English law. This means that there is a verbatim transposition of the provisions of the directive into national law. This has an obvious advantage and difficulty. The advantage is that it ensures that all of the provisions of the directive are transposed into English law. The difficulty is that it can create uncertainty. That is to say, it removes from the domestic legislature the responsibility for interpreting Community concepts in an English law context and instead imposes that burden on individuals who have to decide how these measures are to be applied in practice. The chapter also looks at the Financial Action Task Force (FAFT) recommendations.
Introduction
Authors: Douglas Zachary , Bodnar Andrew 
Published: June 2017

Abstract
Private international law plays an important role in determining whether victims of corruption and commercial fraud can obtain private redress in the national courts. If the principles and rules of private international law are incoherent or parochial in design or in application, then private remedies against fraudsters may be jeopardized merely because the fraud has transnational elements. The chapter asks: can a fraudster avoid the jurisdiction of the victim’s courts by planning and implementing the fraudulent scheme in an ‘offshore’ territory? It also asks: can a victim trace misappropriated funds which have passed through accounts in different jurisdictions if the national law of one of those jurisdictions does not recognize the victim’s right to trace such funds? The answers to such questions are provided by private international law.
Deceit
Authors: Douglas Zachary , Bodnar Andrew 
Published: June 2017

Abstract
This chapter considers issues connected to deceit. For a claim in tort for deceit, the claimant must establish that, firstly, the defendant made a representation which was false, secondly, knowingly or recklessly and, thirdly, the claimant acted upon that representation. If the claim in deceit is established, the defendant is liable for all consequential loss flowing from the deceit regardless of whether the claimant was negligent in failing to discover the falsity of the representation. The chapter then looks at a real scenario of a case of deceitful behaviour. It also examines the relevant jurisdiction and applicable law, including cases where the defendant is domiciled in England, in another Member State, or in a non-Member State.
Judicial Cooperation Including Obtaining Evidence
Authors: Peddie Jonathan 
Published: June 2017

Abstract
This chapter argues that there is potential for conflict between common and civil law jurisdictions where the approach to preparation for trial, and through that the taking of evidence, differ to a large degree. In common law jurisdictions, where it is usual for private parties to be proactively involved in the evidence gathering process, it will not seem irregular for evidence to be taken by an agent of a foreign court for the purpose of proceedings on foot in that court. Such an approach may, however, offend the rules of civil law jurisdictions, where the obtaining of evidence, at least in criminal matters, is primarily the role of the judiciary. To address this potential for conflict, a number of pieces of legislation and bilateral and multilateral civil procedure conventions have evolved over time to facilitate official intervention in order to obtain cross-jurisdictional assistance in the gathering of evidence for the purpose of both civil and criminal proceedings. The various ways in which assistance may be sought by or obtained from the English courts are explored in this chapter.
The Historical and Normative Background:
Authors: Azaria Danae 
Published: June 2017

Abstract
Chapter 2 examines the development of ‘freedom of transit’ in international law. It provides the historical and normative landscape for treaties on transit of energy via pipelines and offers a basis for academic comparison in the following chapters. The chapter begins with the analysis of the development of rules concerning transit through waterways (cross-border rivers, international canals, transit at sea), and continues by examining the development of rules concerning transit overland through the prism of the historical transition from the League of Nations to the United Nations and the debate about transit rights of landlocked states. It illustrates that in international law, the development of ‘freedom of transit’ via different routes came about separately, and served diverse purposes, for particular routes and for particular groups of states. However, in each case the balance between the interests of the transit state and those of other states underlies all rules concerning transit.
The Nature of International Obligations Regarding Transit of Energy:
Authors: Azaria Danae 
Published: June 2017

Abstract
Chapter 4 classifies treaty obligations concerning transit with a view to determining which state is injured under the law of international responsibility and can invoke responsibility including by recourse to countermeasures against the responsible transit state. The question posed is to whom is each obligation owed. The analysis in this chapter also assists in determining which treaty party may have recourse to means available in the treaty where the treaty does not contain sufficiently express rules on standing, a matter which is analysed in Chapter 6. The analysis illustrates the polyphony of primary rules vis-à-vis their nature, and argues that bilateralism is not the only model in this area of international law (either in form or in substance). Rather, a number of treaties create collectively owed obligations: some erga omnes partes and some interdependent..
Countermeasures as Circumstances Precluding Wrongfulness of Transit Interruptions
Authors: Azaria Danae 
Published: June 2017

Abstract
This chapter examines countermeasures as circumstances precluding wrongfulness in the form of interrupting established transit flows of energy. It shows that although the GATT and the ECT do not exclude such countermeasures, some bespoke pipeline treaties may be interpreted in this manner. The chapter then analyses the conditions of lawfulness of countermeasures in the form of interrupting established energy flows focusing on three conditions of particular importance in the context of transit of energy. First, it examines the impact on third treaty parties (or third states). Second, it analyses proportionality. Third, it discusses the impact of interruption of transit of energy on human rights of individuals located in the states of origin (exporters) and of destination (importers). It argues that despite the limitations on extraterritorial application of human rights in this scenario, countermeasures taken in the form of suspending compliance with obligations concerning energy transit (or exports) may be disproportionate.
Principles of International Financial Law
Authors: Bamford Colin 
Published: June 2017

Abstract
The book examines a number of legal concepts developed in the common law world that form the foundation of the operation of international financial transactions. It does not deal with the detailed rules that govern financial transactions, but rather with the ideas that gave rise to the present rules and which, when those rules change, will underpin the new rules that replace them. The aim is not to give an academic analysis of detailed legal rules but to help practitioners better understand the rules with which they deal and where the rules came from. International finance is an area of legal practice that constantly changes. Legal practitioners can master that process of change only if they fully understand the principles and concepts on which the structure is built. The book is divided into eleven chapters dealing with a wide range of ideas; the legal nature of money; the meaning and mechanisms of payment; the relationship in common law between personal legal rights and rights of property; the nature of intangibles as property; the structure of international bond documentation; fiduciary duties in the general law and in financial markets; mechanisms of credit support; the nature of security interests; and the construction and interpretation of financial contracts.
Money
Authors: Bamford Colin 
Published: June 2017

Abstract
The chapter deals with the legal aspect of the fundamental concept in all financial transactions — money. It explains why an understanding of the idea is essential to the development of financial transactions. It deals with the treatment of money in English law, both in statute and in case-law, and also examines the development and the concept of the European Single Currency and of virtual currencies. It concludes with a discussion of the basis on which states seek to control the use by others of their currencies.
Payment
Authors: Bamford Colin 
Published: June 2017

Abstract
The chapter examines the process of payment, both as a description of the way in which a monetary obligation is discharged, and as a process by which money is transmitted from one person to another. In the former case, the chapter describes the operation of set-off, netting, consolidation of accounts, and the operation of running accounts. In the latter case, it deals with the mechanisms for payment in the UK, internationally and at the level of the EU through the TARGET2 system, focusing in each case on the process of clearing through the central bank of the currency concerned.
Intangibles as Property
Authors: Bamford Colin 
Published: June 2017

Abstract
The chapter examines the legal nature of intangible property and the distinction between choses in action and choses in possession. It discusses the characteristics of choses in action, particularly the quality of assignability. It then looks at the ways in which intangibles can be dealt with and transferred, legal and equitable assignment, sub-participation, novation, the mechanism of attaching the intangible to a physical item, and transfer by means of a declaration of trust. Finally it discusses the idea adopted by the Uniform Commercial Code of the United States, of creating ‘hybrid rights’.
Fiduciary Duties and How They Arise
Authors: Bamford Colin 
Published: June 2017

Abstract
This chapter looks at the concept of fiduciary duties and examines the history of the idea from its emergence over a century ago through to its treatment in modern cases. It then examines the identification of relationships that are fiduciary in nature, and goes on to discuss the nature of the fiduciary duties that arise in such a relationship, in particular the duty of good faith, the duty not to make a secret profit and the ‘no conflict’ rule.
Fiduciary Duties in Financial Markets
Authors: Bamford Colin 
Published: June 2017

Abstract
This chapter builds on the previous one by considering the concept of fiduciary duties in the context of commercial transactions, and then in the context of financial arrangements. Although commercial dealings do not usually lend themselves to the formation of fiduciary relationships, the chapter identifies a number of types of arrangement where the concept might apply. It discusses the interplay between the duties that arise from a fiduciary relationship and the obligations that flow from the exchange of confidential information in a commercial transaction. The chapter then turns to consider the role of fiduciary duties in financial transactions, particularly in the dealings between banks and their corporate customers. It concludes by looking at the regulatory rules that safeguard the interests of retail customers, and compares the obligations that these rules place on businesses with the duties that flow from fiduciary relationships.
Security Interests
Authors: Bamford Colin 
Published: June 2017

Abstract
The chapter discusses the ways in which a creditor can obtain the benefit of the value of an asset to support a debt that he is owed. By way of introduction, it examines the reasons for taking security, the difficulties of terminology and the issues around registration. It then looks at the different forms of security, drawing a distinction between title-based security (mortgage, charge, pledge, lien, transfer of retention of title and declaration of trust) and contract-based security, where the creditor looks to an asset as security without having any property interest in the asset. Examples given are set-off, netting and running accounts. It then discusses reverse security, where the purpose of the arrangements is not to enhance the prospects of the creditor, but to limit the liability of the debtor. It discusses the use of special-purpose vehicles, third party security, and non-recourse and limited-recourse lending.
Auctions and Tenders
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter discusses the process of making contracts by auction and by tender. Although these processes are different they have important features in common both in fact and in law. Reasoning from one transaction has been carried over to the other. Both auctions and tenders are an attempt to achieve the best price by competition without entering into negotiations. Auctions are typically used to sell valuable chattels such as paintings or houses or other buildings. Competitive tendering is commonly used for the procurement of services, particularly in the construction industry. Here the assumption is that those who desire the work will bid the lowest price they can afford, thus ensuring a low price for the person procuring the service.
Insolvency in the UK and the US
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter starts by presenting the case for a comparative approach of the UK and US models for financial restructurings of companies in financial difficulties. It argues that a comparison is useful as the systems used to deal with financial problems are actually very dissimilar. The US has its chapter 11 regime, which is a statutory process under the Bankruptcy Code. This allows a company to restructure under court protection and does not require proof of insolvency. The English system has, by contrast, a mixed approach of contract, common law, and statute and no formal regime specifically designed to achieve a financial restructuring of secured debt. The chapter also considers what changes have occurred since the first edition of this book was published.