bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 2: Consultation on Evidentiary Issues
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This chapter focuses on Article 2 of the IBA Rules. Article 2 is a new provision introduced by the current IBA Rules, and it consists of three parts. First, it provides for a mandatory consultation between the tribunal and the parties at the earliest appropriate time in the proceedings with the objective of agreeing on an ‘efficient, economical and fair process for the taking of evidence’. Second, it provides a framework for discussing evidentiary issues; it sets out a non-exhaustive list of evidentiary matters that the tribunal and parties may wish to consider during the mandatory consultation. Third, it encourages, but does not require, the tribunal to identify to the parties, as soon as it considers it to be appropriate, any issues (i) that the tribunal may regard as relevant to the case and material to its outcome; and/or (ii) for which a preliminary determination may be appropriate.
Financial Assets and Investment Risk
Authors: van Setten Lodewijk 
Published: August 2024

Abstract
This chapter focuses on the economic concept of financial assets and the notion of investment risk. After explaining what a financial asset is, it considers the various categories of financial assets and their risk and return properties. Primary financial assets, namely, equity and debt interests, are discussed, along with secondary financial assets such as collective investment and securitisation schemes. The chapter goes on to examine meta financial assets, such as derivatives; several financing techniques used by participants in the financial markets; investment risk and how it is measured; and the effect of covariance on the investment risk of a portfolio of financial assets, taking into account investment risk reduction through diversification and the practice of short selling. Finally, it analyses the use of the ‘Capital Asset Pricing Model’ (CAPM) to optimise risk and return relationships.
Cryptocurrencies in the Common Law of Property
Authors: Fox David 
Published: August 2024

Abstract
This chapter focuses on the characterisation and treatment of cryptocurrencies in the common law of property, using Bitcoin as the main example. It first examines how a crypto-coin might be viewed as an object of property, and more specifically whether it could make a suitable object for any regime of property rights at all, before discussing the fungibility, specificity, scarcity and exclusivity of cryptocurrencies in the context of property law. It then considers whether crypto-coins fall into either of the two conventionally recognised categories of personal property: choses in possession or choses in action. It also explores the applicability of rules of derivative transfer of title to crypto-coin transactions, and how the standard rules of following and tracing may be used for the identification and tracing of cryptocurrencies through mixtures. Finally, it looks at remedies available at common law and in equity for enforcing titles to cryptocurrencies.
What is Money?
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter details how money is usually regarded as having three characteristics—a unit of account, a medium of exchange, and a store of value—and this can be described as the traditional rule of recognition for money-ness. However, it is important to note that not all things that have all three of these characteristics are money. Firstly, the status of unit of account is a purely theoretical construct—a coin may be created to represent the unit of account, but it is the unit of account which defines the coin and not vice versa. Secondly, money may be useless as a store of value whilst retaining its characteristics as both a unit of account and a medium of exchange. Finally, money need not exist to be money; a unit which does not exist cannot easily function as a medium of exchange.
Private and Public Virtual Currency
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter focuses on the two classes of virtual currency: private and public. The main issue here is that the functionality of existing currency is composed of two elements—one is its acceptability as payment, and the other is the facility with which it can actually be transferred. With regards to real (physical) money, the latter is accomplished by a simple transfer of physical possession. However, the inconvenience of holding large amounts of value in the form of physical money has meant that since the earliest times, money has been held with third party custodians. This difficulty is a major reason for the existence of modern banks. It was really only with the creation of a technological solution to this problem that the existence of virtual currency outside the banking system became possible.
Recovery and REsolution Plans of Banks in the Context of the BRRD and the SRM
Authors: de Serière Victor 
Published: August 2024

Abstract
This chapter discusses the function of recovery and resolution plans in the context of bank restructuring as envisaged in EU legislation, particularly the EU Directive on the recovery and resolution of banks and investment firms (the Bank Resolution and Recovery Directive; BRRD) and the corresponding EU Regulation on the Single Resolution Mechanism Regulation (the SRMR). These EU rules require banks to develop recovery plans setting out road maps going forward towards recovery when they are struggling to survive, and require EU and national resolution authorities in co-operation with banks themselves to develop resolution plans in a scenario where recovery is no longer possible and ‘normal’ bankruptcy would be undesirable. The chapter examines whether or not these plans are theoretical exercises, and the extent to which they may provide useful guidance to regulators when dealing with a bank that fails or is likely to fail.
Bail-In
Authors: Gardella Anna 
Published: August 2024

Abstract
Bail-in is the most emblematic tool of the resolution authority’s toolkit; it epitomizes the policy goals embodied in resolution regime, notably internalization of losses to protect taxpayers and refrain from socializing banks’ failure costs. Still, the technical complexity required for its full implementation, early cases of partial application, and the incompleteness of its legislative and regulatory framework have raised criticism against the bail-in tool questioning its feasibility and credibility. Against this background, and after acknowledging that the timeline for its entry into force may have been overly ambitious, this chapter argues that the in order to ensure the credibility and feasibility of the tool, authorities and banks have to continue the preparatory work, in particular building-up the TLAC/MREL target and lay down processes for the execution of specific aspects of the implementation, also in co-ordination with other authorities and; stakeholders like capital markets authorities, regulated markets, and securities custodians.
Personal and Property Rights
Authors: Bamford Colin 
Published: August 2024

Abstract
The chapter explores the differences between property rights and rights that can be enforced only by action against a person. It contrasts the position in common law systems with that in civil law countries. The common law system is explained by looking at the development of equity and of the concepts of equitable ownership and of the trust. The chapter then examines the distinction by reference to case-law, particularly in relation to the mechanism of charge-backs. It then argues that the approach adopted by the common law is particularly well suited to the needs of financial transactions, in syndicated lending, bond issues, project financing, fund management and in allowing flexibility in the structuring of complex security arrangements.
Security Interests
Authors: Bamford Colin 
Published: August 2024

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.
The Sale of Goods
Authors: Bridge M G 
Published: August 2024

Abstract
The fourth edition of this established work is a systematic study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation. The book combines depth of treatment of problem areas with insightful commentary on possible lines of argument on traditionally difficult topics. It provides full coverage of content, interpretation, and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency, and interest. The work has been updated in its fourth edition to cover all recent developments in case law, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23, which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law. This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field.
The Remedies of the Seller and the Buyer II
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter continues the discussion in Chapter 11 on the remedies of seller and buyer other than termination, focusing on damages. Where an action for the price is not available or is not pursued by the seller, the seller has instead an action against the buyer for damages for non-acceptance. There is also an action for special or consequential damages in appropriate cases. In the case of the buyer, a right to damages may arise for non-delivery or for late delivery, or because the goods delivered fail to conform to the standard set by the express or implied terms of the contract. In addition to the normal damages due on such an event, the facts of the case may disclose a claim to special or consequential damages.
Tribunal Secretaries in International Arbitration
Authors: Jensen J Ole 
Published: August 2024

Abstract
This book thoroughly analyses the controversial and sensitive topic of secretaries to arbitral tribunals. Tribunal secretaries support arbitrators at all stages of the arbitration and provide valuable assistance; yet, thus far, they have remained largely in the shadows. This book provides vital discussion on how tribunal secretaries should be appointed, what specific tasks they may be endowed with, and what the consequences of an impermissible use are. Comprehensive analysis of case law, arbitration legislation, institutional rules and guidelines, and supporting literature guides the reader towards a profound understanding of the benefits and pitfalls surrounding the tribunal secretary's position. The book adopts a transnational approach to systematically answer questions often discussed but thus far unresolved. Structured in three parts, the book develops the conceptual foundations, discusses the practical implementation, and outlines limits of the permissible use of tribunal secretaries. Easy-to-use templates and guidelines for practical and seamless implementation in international arbitrations are included. These include a seven-step formal appointment process, ready-to-use material for correspondence with the parties, and a Traffic Light Scale of Permissible Tribunal Secretaries for the consultation of arbitrators, secretaries and parties alike. Shining a spotlight on the tribunal secretary, the book contributes to the further institutionalisation of a role of ever-increasing importance in the coming years.
Third-Party Support to Arbitral Tribunals
Authors: Jensen J Ole 
Published: August 2024

Abstract
This chapter examines the specific purpose and source of legitimacy of actors that may collectively be referred to as third-party support to the arbitral tribunal. It also disposes of terminological inconsistencies that exist in regard to such third-party support and shows that certain forms of third-party support have been employed by arbitral tribunals from the very beginning. The chapter first traces the evolution of the division of labour in international arbitration before discussing the reciprocal roles of tribunal appointed experts on factual issues and those on legal issues. It then distinguishes tribunal secretaries that are appointed by arbitral tribunals from those appointed by arbitral institutions. Different emanations of tribunal secretaries that exist in practice are highlighted, such as the expert consultant and the document production master. Examples of institutions that offer third-party support are given, including ICSID, PCA, IUSCT, CAS, ICAC and several commercial arbitral institutions.
Tribunal Secretaries
Authors: Jensen J Ole 
Published: August 2024

Abstract
This chapter explains why tribunal secretaries are needed in the arbitral process and how different stakeholders benefit from their appointment. It first considers the practical need for the participation of tribunal secretaries, noting that they serve to maintain the efficiency of the arbitral process despite increased complexity; ensure that in-demand arbitrators remain available to accept cases; and offer an important training ground for future generations of arbitrators. Limits to the need for tribunal secretaries are then discussed, along with the legal grounds on which their appointment may be based and the question of their legal status once they have been appointed. The chapter also provides an analogy to the legal bases for the appointment of judicial assistants in other fora and concludes with a review of arbitration laws, rules and guidelines as to the legal basis for a secretary's appointment.
Authors: Jensen J Ole 
Published: August 2024

Abstract
This chapter focuses on the contractual relationship flowing from the appointment of a tribunal secretary. The term receptum secretarii describes the tribunal secretary's contract in which he/she undertakes to provide the services expected of him/her. Given the diverse background of individuals acting as tribunal secretaries, there is no uniform approach to the receptum secretarii. The chapter first clarifies the distinction between different types of secretaries' contractual and factual pre-existing relationships with the appointing arbitrator, and more specifically between internal and external secretaries. It then considers with whom and how the secretary's contract is concluded before discussing the legal nature of that contract, what law applies to it, and which rights and obligations it entails. Finally, it examines the issue of liability in case of a breach of the secretary's or arbitrator's obligations.
Jurisdiction
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter focuses on the civil jurisdiction of the Singapore courts. It elaborates on the jurisdiction of the general division of the Singapore High Court. The effect of the establishment of the Singapore International Commercial Court (SICC) is that some jurisdictional regime rules of the General Division of the High Court are pushed aside when the case is to be heard in the SICC. On the other hand, the enactment of the Choice of Court Agreements Act (CCAA) resulted in the displacement of the jurisdictional rules of both the General Division and the SICC. The chapter explains that the reform of service out of jurisdiction rules (found in the Rules of Court 2021) signal a marked change in the attitude towards taking extraterritorial jurisdiction over foreign defendants in modern international litigation. It also looks into the new terminology under the Rules of Court 2021.
Protective Measures
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter expounds on the anti-suit injunction, Mareva injunction, and search order as the three types of protective measures that may be granted by the General Division of the Singapore High Court. An anti-suit injunction is an in personam order addressed to the respondent concerning continuing foreign proceedings. Meanwhile, the Mareva injunction, also known as a freezing order, is an in personam order directed against a defendant to prevent the defendant from dissipating assets before a judgment. The search order or Anton Piller order, on the other hand, imposes an obligation on the respondent to allow persons to enter its premises and search, inspect, seize and retain documents or other types of moveable property. The chapter discusses the principles relating to each type of relief, with primary focus on whether the General Division of the Singapore High Court and the Singapore International Commercial Court (SICC) has jurisdiction to grant these measures.
Choice of Law for Contractual Obligations
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter considers the choice of law rules for contractual obligations under Singapore law, which is closely similar to the equivalent choice of law rules under English common law. It starts with the process of identifying the proper law of the contract as the proper law of the contract plays a key role in most of the issues relating to choice of law for contractual obligations. Additionally, illegality and the operation of public policy influence the substantive obligations of parties under the contract. For example, a contract which is illegal under the proper law of the contract would not be enforced by the Singapore court. The chapter also tackles the choice of law rules for the formation, material validity and formal validity of a contract, and the capacity to contract. It explores the enactment of the United Nations Convention on Contracts for the International Sale of Goods into the Singapore law that provides uniform rules for the international sales of goods.
International Standards
Authors: Raffan Michael 
Published: August 2024

Abstract
This chapter looks at the different international regulatory bodies and their work, and considers their future impact on the UK. As home to one of the world’s leading global financial centres, the UK has historically played an important role in the development and implementation of international standards. UK regulators are members of international standard-setting bodies and UK firms participate in international organisations. It is not anticipated that Brexit will change this position. Indeed, once the UK leaves the EU, its participation in global discussions and international standard-setting will become all the more important as the UK seeks to continue to exert its influence internationally, and helps to set the basis for legislation and regulation around the world. The chapter then details the mission and structure of a number of international bodies. These include the Organisation for Economic Co-operation and Development; the International Monetary Fund; the Bank for International Settlements; the Financial Stability Board; the Financial Action Task Force; the Basel Committee on Banking Supervision; the International Organization of Securities Commission; and the Markets Committee.
Company and Corporate Insolvency Law
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter examines the fundamentals of company law and corporate insolvency law. Financial services businesses generally operate in a heavily regulated environment. Financial services-specific regulations have a fundamental role in shaping and determining the legal form and structure of such businesses and their wider groups. Nevertheless, at their core, financial services businesses use the same legal forms that are used by businesses across all sectors. It is therefore important to study the fundamental laws underlying general business structures. There are many different types of business entities and each is subject to the specific legal regime native to its jurisdiction of establishment. The chapter looks at the most common form of business structure used in the UK: the company limited by shares, incorporated under the UK Companies Act 2006. It also introduces the basics of group consolidated accounting, and explains the legal nature of consolidated group assets, liabilities, and capital.
Introduction to Resolution
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter details the basic principles of modern bank resolution. If the aims of prudential regulation can be crudely summarized as preventing the circumstances in which a bank, or other financial services firm, might fail from arising in the first place, then the aims of recovery and resolution regimes can be described as ensuring that, when such prudential measures have failed, and a firm is on the cusp of failure, regulators have the legal powers and the ability to avert such failure at the very last minute, or to manage its impact by redirecting financial losses. Overriding such measures are the higher objectives of preventing the disruption to critical functions and avoiding recourse to public funds. Thus, the resolution regime can be characterized as comprising a set of special powers and tools afforded to specified authorities, known as resolution authorities, in order to intervene in a bank’s failure. The use of such powers and tools is, in turn, facilitated and enabled by supervisory, organizational requirements imposed on firms throughout their active lives, designed to ensure their resolvability, in case it ever becomes necessary for the resolution authorities to use their powers.
Non-Disclosure
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter explores the act of non-disclosure, wherein a contract could be rescinded under the terms of a party failing to disclose material facts to the other party prior to the conclusion of their agreement. It starts with how particular disclosures should be bargained for during the negotiations, according to the general rule. The chapter also emphasises that silence would not be a ground for rescission due to non-disclosure. It considers the exceptional cases where non-disclosure allows rescission. Some transactions which require disclosure include insurance, guarantees, suretyship, prospective partnerships, compromises, and sales of land. Meanwhile, fiduciary relationships, family arrangements, and relationships of trust and confidence correlate to relations that need disclosure.
Duress and Undue Influence
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter focuses on contract-related duress and improper influence. When a party's assent has been compromised by coercion or other forms of pressure, a contract may be revoked under the circumstances of duress and undue influence. The chapter details the distinctions between the two grounds for rescission: duress refers to the specific concept formed by common law courts regarding threats and demands, whereas undue influence abides by the general doctrine developed by the courts of Chancery concerning subtle influences. Cases involving duress or undue influence, however, do not necessarily mean the criminal was absolved of their legal obligations. Along with rescission, compensation is also available.