bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Architecture of the Brrd—a UK Perspective
Authors: Gleeson Simon 
Published: August 2024

Abstract
The UK was one of the few EU countries to have a fully developed bank resolution legislative scheme in place prior to the Bank Resolution and Recovery Directive (‘BRRD’), and the architecture of the BRRD owes much to the UK model. However, the process of implementing the BRRD approach in the UK created challenges which highlighted the underlying policy choices within the BRRD, and demonstrated that the underlying model of the structure of resolution within the BRRD is very different from that assumed in the UK (and, in passing, the US). It also demonstrated that the BRRD is to some extent intended to operate in tandem with the Single Resolution Mechanism (‘SRM’) as well as EU State Aid guidelines; this is particularly clear when it comes to issues such as the establishment and operation of resolution funds and the conduct of bail-in. The chapter explores these issues, seeks to identify the extent to which the BRRD and the UK statutory approaches are compatible, and uses incompatibilities to identify the underlying intellectual architecture of the BRRD structure. Finally, the onset of Brexit presents a new set of challenges for both UK and EU resolution authorities, and the chapter examines the extent to which these may be significant in the future.
Bank Resolution in Europe the Unfinished Agenda of Structural Reform
Authors: Gordon Jeffrey N , Ringe Wolf-Georg 
Published: August 2024

Abstract
This chapter argues that the work of the European banking union remains incomplete in one important respect: the structural re-organization of large European financial firms that would make resolution of a systemically important financial firm a credible alternative to bail-out or some other sort of taxpayer assistance. It argues that were EU financial firms to move to a holding company structure, the focus of resolution can be at the holding company (‘HoldCo’) level, minimizing disruption of the ordinary business of the operating financial subsidiaries. A vital addition to structural renovation is the requirement of a holding company form for systemically important financial institutions in the EU. The chapter suggests that it might be possible to achieve such an outcome via a number of different channels, which it goes on to review and concludes that the mandatory structure should become a public HoldCo parent for the operating subsidiaries of the banking group, set up so that the assets of HoldCo consist of shares in its subsidiaries, and that its liabilities are confined to unsecured term debt. This was the missing piece of the proposed Structural Measures Regulation and remains a missing piece for a credible Single Resolution Mechanism in the banking union.
Fiduciary Duties and How They Arise
Authors: Bamford Colin 
Published: August 2024

Abstract
This chapter looks at the concept of fiduciary duties and examines the history of the idea from its emergence 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.
The Remedies of the Seller and the Buyer I
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter deals with the remedies of seller and buyer other than termination. It focuses on remedies other than damages. The seller has a number of real remedies that can be exercised against the contract goods. These are listed in the Sale of Goods Act as the unpaid seller's lien, or right to withhold delivery where the property has not yet passed, the right of stoppage in transit, and the right of resale. The seller may also sue in debt for the price of the goods if the appropriate conditions are met; unlike the buyer's claim to specific performance, the subject of a discretionary award, the seller's claim is granted as of right in those cases where the seller meets the requirements of the Act. A buyer who has paid the price for goods that the seller does not deliver, or that are delivered and rightly rejected, will wish to recover the price as on a total failure of consideration. Specific performance is also available in exceptional cases, usually to a buyer in lieu of damages for non-delivery.
Introduction
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter introduces the concept of private international law in Singapore. Singapore's private international law’s burgeoning phase is largely driven by the government’s desire to position the nation as the centre of choice for the resolution of international commercial disputes, international insolvency, and restructuring efforts. The chapter then provides a brief overview of the commercial aspects and significant developments in Singapore’s private international law rules. It tackles the establishment of the Singapore International Commercial Court, Singapore International Mediation Centre, and Singapore International Arbitration Centre in an effort to offer a complete suite of dispute resolution services for international commercial disputes. Moreover, these developments also affected the field of jurisdiction and foreign judgments.
Choice of Law for Torts
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter explains how Singapore's choice of law rule for torts largely reflects the English common law rule of double actionability. As a general rule, the tort choice of law rule requires actionability under the lex fori and actionability under the law of the place where the wrongful act was committed. This general rule is subject to a flexible exception which may be invoked to apply the law that has the most significant relationship to the parties and the occurrence. It then examines possible reforms for the double actionability rule and the possible issues surrounding torts, such as the relevance of party autonomy, internet defamation and the interrelation between contract and tort choice of law issues.
Withdrawal Agreement and Political Declaration on the Future EU–UK Relationship
Authors: Lovegrove Simon 
Published: August 2024

Abstract
This chapter discusses the Withdrawal Agreement and Political Declaration on the framework for the future EU–UK relationship published on 14 November 2018 (as amended on 17 October 2019) and its implications for financial services. Financial services are not specifically mentioned in the Withdrawal Agreement. Financial services firms will be interested in the transition period, though. During this period, while no longer a Member State, the UK will still be considered as part of the Customs Union and the Single Market. While being part of the Single Market, firms will be able to passport their services as they currently do. EU financial services law will also apply in the UK during this period. Meanwhile, there is nothing in the Political Declaration that suggests that the UK will be on better terms than any other third country dealing with the EU. However, this will be the UK government’s aim in the negotiations. The chapter then considers the Financial Conduct Authority’s EU Withdrawal Impact Assessment, which included commentary on the Withdrawal Agreement and Political Declaration.
Other Forms of Group Prudential Supervision
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter discusses some of the more obscure types of prudential groups, and how prudential requirements apply to predominantly non-financial services groups and fund structures. It first looks at two vestigial UK regimes: the BIPRU and IPRU-INV group supervisory regimes. BIPRU firms are UK investment firms that fall outside the scope of the CRD regime and whose individual prudential requirements are governed by the Financial Conduct Authority’s (FCA) Prudential Sourcebook for Banks, Building Societies and Investment Firms (BIPRU). The core BIPRU rules relating to group consolidation are almost identical in substance to the CRD consolidation rules, save for necessary changes to reflect BIPRU’s ongoing application to a smaller population of firms. Meanwhile, Chapter 14 of the FCA’s Interim Prudential sourcebook for Investment Business (IPRU-INV) applies to groups comprising a securities and futures firm, and where it is not otherwise subject to consolidated supervision by the Prudential Regulation Authority (PRA), FCA or (prior to Brexit) EU competent authority. The chapter then studies the forthcoming EU investment firm group regime, which will be applicable to most EU investment firm groups that do not include credit institutions.
Group Structure and Regulation
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter studies the relationship between group structure and prudential regulation/resolution. Specifically, it considers how certain structures may impede supervision, resolution, or bring groups outside the scope of supervision altogether. Such structural impediments may take many different forms, and cannot therefore be specified in an exhaustive regulatory program of prohibited structures, but supervisors will remain alert to structures that raise such concerns, and may block the formation of a structure that causes such concerns. Regulators have a wide range of powers and tools at their disposal to remove impediments, or to prevent structures from arising in the first place. Such powers and tools vary from jurisdiction to jurisdiction. The most direct, explicit set of powers is the change in control regime. Through such powers, regulators can directly block the formation of a particular group structure, or require changes to a proposed group structure to be made as a condition of their approval. The chapter then looks at the concept of structural separation.
Mistake, Impaired Capacity, and Unconscionable Bargains
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter discusses mistakes, impaired capacity, and unconscionable bargains as grounds for rescission. It explains how the complainant cannot bargain to protect their interests if an impairment had been recorded. The counter-party’s knowledge of impairment would be relevant, as it would trigger unconscionable bargains and moral acceptability, but it does not always lead to a rescission of the case. While mistakes are not common grounds for rescission, the chapter looks into special doctrines of rescission for mistakes. It also lists mental infirmity and intoxication as examples of impaired capacity. Meanwhile, the unconscionable bargain is often associated with constructive fraud or exploitation.
Third Party Wrongdoing
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter looks into the wrongdoings of third parties, considering situations where a transaction would be voidable because a party’s consent was vitiated by some factor that a third party had been responsible for. It also expounds on the basic rule precluding rescission of contracts. The O’Brien principle primarily applies to surety transactions wherein the surety and debtor conduct a non-commercial relationship and the transaction does not advantage the surety. The chapter then lists examples of non-commercial relationships such as marriage. Moreover, it explains how gifts and other gratuitous dispositions achieved through a third party’s misconduct may be set aside without proof of knowledge or constructive knowledge.
Succeeding to Rights to Rescind
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter explains the general principles of succeeding the rights to rescind. It highlights the process of the right to rescind property upon rescission, which is an inchoate proprietary interest in the hands of the injured party that passes to the successor by force of the second transfer. The classes of persons entitled to succeed to a right to recover upon rescission ranges between heirs at law and beneficiaries under a will. The chapter then looks at some instances wherein settlement was made by the defrauded party and by one of the predecessors in the title. It also considers the right to obtain a proprietary interest in assets upon rescission through assignment and conveyance.
Arbitral Tribunal (Articles 6–12, Schedules 2 and 3)
Authors: Moser Michael , Bao Chiann 
Published: August 2024

Abstract
Chapter 7 provides a detailed commentary on the provisions related to the arbitral tribunal, including: Article 6 (Number of Arbitrators), Article 7 (Appointment of a Sole Arbitrator), Article 8 (Appointment of Three Arbitrators), Article 9 (Confirmation of the Arbitral Tribunal), Article 10 and Schedules 2 and 3 (Fees and Expenses of the Arbitral Tribunal), Article 11 (Qualifications and Challenge of the Arbitral Tribunal), Article 12 (Replacement of an Arbitrator).
The Directive on Actions for Damages for Infringements of Competition Law
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa 
Published: August 2024

Abstract
This chapter provides a description of the main changes introduced by the Damages Directive and the collective redress package. It examines successively the scope of the right to compensation, presumptions and quantification, disclosure of evidence, limitation periods, the effect of the decisions of national competition authorities, joint and several liability, standing, the passing on defence, dispute settlement, and collective redress.
The Interaction between Public Enforcement and Private Actions for Damages in Europe
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa 
Published: August 2024

Abstract
The interaction between action for damages and the public enforcement of competition law is of particular interest for all jurisdictions that have made the choice of a dual enforcement system for their competition laws. The chapter explores the interaction from an optimal enforcement theory perspective, as well as its more practical dimension, including access to evidence, the effect of national competition authorities’ decisions, joint and several liability, the interaction of leniency and actions for damages, interaction of private enforcement with ADR, limitation periods, punitive damages, and public law enforcement.
Cross-Border Damages Actions in the EU
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa 
Published: August 2024

Abstract
The Damages Directive leaves sufficient space for inter-jurisdictional competition between the legal regimes of the EU Member States. The chapter offers a critical perspective on the implementation in this context of the Brussels regime, which provides management rules that may apply to cross-border competition damages and which are also based on the need to manage diversity rather than suppress it. The promotion of the inter-jurisdictional competition (or forum shopping) aims to guarantee more effective enforcement of the rights of the victims of competition law infringements. The chapter discusses issues of jurisdiction, applicable law, and recognition of judgments, as well as the interaction between public and private enforcement (including ADR) in a cross-jurisdictional setting.
Coda
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter presents some final thoughts. The European Commission seeks to ensure that by 2020, ‘justice and citizen's rights will know no borders in the EU’. A key aspect of the proposed agenda is the codification of existing laws. Many civilian lawyers would welcome a movement towards codifying the existing EU private international law instruments. It would be seen as a chance to resolve inconsistencies, deal with unresolved issues and preliminary matters, and to enhance the systematic benefits of a codified system.
Human Rights and Private International Law
Authors: Fawcett James J , Ní Shúilleabháin Máire , Shah Sangeeta 
Published: August 2024

Abstract
Examining the impact, both actual and potential, of human rights concerns on private international law as well as the oft-overlooked topic of the impact of private international law on human rights, this work covers these areas. This book considers and analyses the numerous private international law cases discussing human rights concerns arising in the commercial law context, alongside high-profile cases dealing with torture ( Jones v. Kingdom of Saudi Arabia ) and same sex marriage ( Wilkinson v Kitzinger ).The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with: the right to freedom of expression; the right to respect for private and family life; the right to marry; the right to property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focusing on, though not confined to, the human rights set out in the ECHR, the work also examines the influence of human rights on private international law in countries which are not a party to the ECHR, such as Australia, Canada, New Zealand, and the United States.
The Right to a Fair Trial
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter presents the main protections for the right to a fair trial. In general terms, the right to a fair trial seeks to protect the interest in maintaining the rule of law and the proper administration of justice. This right has been termed a ‘right to court’ and encompasses the idea of ensuring ‘access to justice’. It includes a right of access to a court, procedural guarantees regarding the conduct of a trial, and enforcement of a final judgment. Article 6(1) ECHR explicitly recognises certain interests that should be protected in the determination of ‘civil rights and obligations’: a fair hearing, a public hearing and judgment, trial within a reasonable time, and determination by an independent and impartial tribunal.
Right to Respect for Family Life and the Rights of the Child
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter discusses the impact of the right to respect for family life and children’s rights on the private international law on child abduction. The case law of the ECtHR and ECJ in child abduction cases suggests that these courts have sought to achieve a harmonious interpretation of the relevant rules of private international law and applicable human rights law. Clashes of obligations have been avoided, with both courts suggesting that the Hague Child Abduction Convention and Brussels II bis regimes seek to achieve the same aims as the rights to respect for family life, as well as the rights of the child. Indeed, Brussels II bis explicitly recognises human rights and sets out specific mechanisms for protecting the rights of the child and its parents.
Detection of Cartels
Authors: Venit Jim , Vandenborre Ingrid , Rider Tiffany , Sánchez Pablo Amador 
Published: August 2024

Abstract
The chapter contains an overview of the different aspects involved in a cartel investigation. James Venit, Ingrid Vandenborre, and Tiffany Rider (Skadden, Brussels and Washington DC) provide practical insights into the European Commission’s investigatory process. They discuss how cartel investigations can start (complaints, ex officio, and leniency) and how they are conducted (inspections, requests for information, witnesses). The chapter then continues to discuss issues pertaining to requesting leniency. Pablo Amador Sanchez (senior legal officer, Dutch Competition Authority) complements the private practitioner’s contribution by discussing from an enforcer’s perspective the efforts of competition authorities to detect cartels ex officio (outside leniency applications), and provides practical suggestions for submitting a leniency application and cooperating with the competition authorities.
Consumer Involvement in Public Competition Law Enforcement
Authors: Ioannidou Maria 
Published: August 2024

Abstract
This chapter explores the possible opportunities for consumer participation and the promotion of the consumer interest in public competition law enforcement. It, first, discusses the reasons for the shift from private to public enforcement, and argues that public mechanisms can be structured in a way that promotes the same endemic-functional aims as private enforcement and brings additional institutional benefits. It assesses the current avenues of consumer participation in public competition law enforcement (complaints, super-complaints, sector inquiries) and suggests ways in which these could be improved. In addition, it discusses different mechanisms for the provision of compensation to affected consumers in the course of public enforcement (‘public compensation’).
Merger Control
Authors: Rose Stephen , Ferguson Adam 
Published: August 2024

Abstract
This chapter analyses the changes to the UK merger control regime brought about by the Enterprise and Regulatory Reform Act (ERRA). It provides a broad overview of the regime, analysing the process of notification and clearance. The authors explain the changes made by the ERRA, such as the introduction of a binding timetable at ‘Phase 1’, the CMA’s enhanced information-gathering powers, its new powers to prevent the integration of merging parties’ businesses pending the conclusion of a merger review, and changes to the decision-making process and the available remedies. The chapter concludes that while many of the changes are welcome, there was a missed opportunity to create a more efficient merger control regime.
Private Enforcement
Authors: Simor Jessica , Gibson Nicholas , Silverstone Ben , Davies Anita , Farrell Lesley 
Published: August 2024

Abstract
This chapter analyses the changes to the domestic regime for private enforcement of competition law brought about by very recent legislation at UK and EU level: the Consumer Rights Act 2015 and the EU directive on damages actions for competition law infringements. Section A discusses the development of private competition litigation in the UK, including the changes made by the Enterprise Act 2002 reforms and the limitations of the regime created by that Act. Section B outlines and discusses the reforms introduced by the Consumer Rights Act, notably the broadening of the Competition Appeal Tribunal’s jurisdiction to include ‘stand-alone’ actions for damages and injunctions, as well as—radically—the first ever genuine ‘class action’ regime. Section C provides an overview of the EU damages directive and a commentary on its expected impact on domestic litigation.
Competition Enforcement and Procedure
Authors: Nazzini Renato 
Published: August 2024

Abstract
The problem of concurrent proceedings is a highly topical one, as public administrative enforcement in many jurisdictions escalates, with record-breaking fines. This book examines and explains the procedural complexities of concurrent proceedings in competition law, focusing on parallel or sequential administrative, criminal, and civil proceedings. The book begins with an analysis of the legal framework, including concurrent enforcement of competition law, administrative and judicial proceedings, as well as an overview of the relevant legal principles. The second part discusses the interplay between administrative, civil, and criminal proceedings, including stays, the effect of administrative decisions, disclosure and admissibility of evidence, and the criminalisation of cartels. The third part deals with international commercial arbitration, covering arbitration of competition law disputes in the European Community and the US, and arbitration and concurrent proceedings. The fourth part evaluates the tactical implications of concurrent proceedings, and leniency and concurrency. The book has now been revised and updated with developments in jurisprudence across the US, UK, and EU.