bluuebunny/crossref_metadata_2025_split huggingface dataset:
Legal Framework to Govern Electronic Payment and Electronic Presentation of Documents
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter focuses on the legal framework to govern electronic payment and electronic presentation of documents. Because of the significant role that is played by banks in international trade transactions and the greater efficiency with which they could perform this role if they were able to receive and process trade data electronically—particularly where a documentary credit or supply chain finance arrangement is in place—it is important to examine whether presentation of a document set to a bank under a documentary collection, or a documentary credit agreement, may be made electronically. The chapter also looks at electronic alternatives to negotiable financial instruments such as bills of exchange, drafts, and promissory notes, which remain important financing tools, especially for small and medium-sized enterprises.
Supervising Due Administration
Authors: Clarry Daniel 
Published: August 2024

Abstract
This chapter examines how the Court facilitates the ongoing performance of trusts by supervising internal matters of trust administration. Traditionally, the Court undertook the general administration of trusts in Equity by receiving trust property and directing accounts to be taken before a Chancery Master, with a report issued thereafter and further judicial intervention in trust administration as required. Whilst the Court still supervises the taking of accounts in trust administration where necessary, the disclosure of trust information has evolved as a prominent aspect of the supervisory jurisdiction over trust administration that is expedient in enabling extrajudicial auditing of trust administration, thereby facilitating the performance of trusts without paralysing trust administration in the process or causing unnecessary delay and expense.
Breach of Contract: The CISG
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter details the remedial provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG has two articles, namely articles 45 and 61, which provide an overview of the remedies available to the buyer or the seller in the event of a breach. Article 45(2) for the buyer and article 61(2) for the seller make it clear that damages provide the most important and all-embracing remedy, as both the buyer and seller never lose the right to damages even if they choose another remedy. In addition, parties to a sale are relieved of liability for a breach of contract only by article 79, which indicates that only an impediment beyond the control of the party will excuse non-performance. The CISG allows for three broad categories of remedies: specific performance, avoidance, and substitutionary relief.
Special Damages: Interest Rates
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter assesses the right to claim interest under article 78 of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The advantage of relying on article 78 is obviously the fact that losses do not need to be proven and that the limitation of article 79 also does not apply. The problem is that article 78 may not provide full compensation, but a claim pursuant to article 78 may still be the fastest and cheapest way to get an award. In summary, article 78 is to be understood in two ways. First, the interest rate issue is not governed by the convention, and therefore the conflict of laws rules will determine the applicable domestic law. Second, it appears that the majority of courts follow this suggestion; in other words, jurisprudence supports the view that the rate of interest has to be set via domestic law.
The Doctrine of Anticipatory Repudiation
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter addresses how the United Nations Convention on Contracts for the International Sale of Goods (CISG) governs anticipatory repudiation of a contract. Under the CISG, anticipatory breach does not pose any problems but is different from the common law position. The differences are in the application and in the terminology. A party under the CISG can resolve a potential unease whether the other party will perform in a two-step approach unlike under common law where repudiation is the only approach. Importantly, the CISG governs two situations. First, a party can suspend its own performance once it suspects that the other party will not perform. Secondly, the innocent party can avoid the contract without having to wait until the contract is actually breached, thereby allowing the applicability of the principles of fundamental breach.
Conclusion and Observations
Authors: Zeller Bruno 
Published: August 2024

Abstract
This concluding chapter argues that two important factors need to be taken into account at a time when the pace of globalisation and internationalisation of trade has quickened. First, an understanding of the problems of devising and implementing uniform and harmonised laws is necessary. Second, existing international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), that offer practical solutions to harmonisation must be recognised and adopted by the legal profession when drafting international contracts. Ultimately, unification of laws will depend on internationalisation and respect for other systems' decisions. As such, the uniform European laws must be replaced by uniform international laws as trade spans international borders.
Cryptocurrencies as Property in Civilian and Mixed Legal Systems
Authors: Carr Daniel 
Published: August 2024

Abstract
This chapter examines how the forms of property analyses in civil law and mixed legal sytems would need to be adapted to accommodate the cryptocurrency as an object of property (res). It first considers whether cryptocurrencies would count as objects of property, whether it is appropriate to treat them as ‘currency’ or ‘money’, and how they could be accommodated in a legal regime that categorises res as either tangible things or intangible rights. It then asks whether the incorporeal form of cryptocurrencies should be subordinated to their function and purpose, whether the law of possession will be directly applicable to cryptocurrencies, and how the civil law requirement of specificity could be satisfied by the cryptographic uniqueness of cryptocurrencies. The chapter concludes with a discussion of the implications of recognising cryptocurrencies as res, focusing on questions of ownership, vindication and possessory actions, acquisitive prescription and original acquisition.
Delivery, Acceptance, and Payment
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter deals with the law on delivery, acceptance, and payment, covering the seller's duty to deliver and the buyer's duty to pay. The seller is required to deliver the goods to the buyer at the time and in the mode and quantity required by the contract. The buyer is bound to accept and pay for the goods. According to section 28 of the Sale of Goods Act, there is a presumption that subject to a retention, delivery and payment are mutual and concurrent conditions. Outside the law of sale of goods, the presumption of concurrency does not apply where one party's performance is a condition precedent to the other's performance, as where the former party has to perform in order to earn entitlement to the other's performance.
EU Equivalence Regime
Authors: Srivastava Arun , Moffatt Nina 
Published: August 2024

Abstract
This chapter examines the EU equivalence regime, the different pieces of EU legislation that contain equivalence provisions, and the process for determining equivalence. EU legislation has tended to focus on activities carried on within the territory of the EU. However, in recent years, reflecting the internationalisation of financial services and the expanding competencies of the EU, EU laws have increasingly come to set out the terms on which firms operating from outside the EU can transact with and provide services to parties in the EU. This has resulted in equivalence regimes being written into EU laws. Following the 2016 Brexit referendum result, commentators suggested that such equivalence regimes could provide a composite basis for UK-based firms to continue to provide services into the EU, on a similar basis to how firms use their existing passports. In reality, however, the equivalence framework under EU law is fragmented and does not support such a composite approach to market access.
The EU Approach to Authorisation
Authors: Carall-Green Daniel 
Published: August 2024

Abstract
This chapter assesses the EU approach to granting authorisation to UK-authorised financial services firms that wish to continue or establish operations in the EU after EU law ceases to apply in the UK. The EU approach to authorisation is driven by two authorities: the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA). The chapter evaluates the EBA opinions on Brexit that addresses a number of relevant policy topics relating to authorisation: prudential regulation and the supervision of banks; internal models; outsourcing; internal governance; and risk transfers via back-to-back and intragroup operations. The chapter alos evaluates ESMA’s published opinion setting out general principles aimed at fostering consistency in the authorisation and supervision of investment firms in the EU27, as well as ESMA’s sector-specific opinions in the areas of investment firms, investment management, and secondary markets.
Prudential Supervision of Financial Conglomerates
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter studies the third major form of EU/UK prudential group: the financial conglomerate, as identified and supervised under regimes implementing the Financial Conglomerates Directive (FICOD). Financial conglomerates are, in broad terms, groups comprising both material insurance and material banking/investment services businesses. FICOD requires financial conglomerates to maintain sufficient conglomerate capital resources to meet their conglomerate capital resources requirement. In other words, it imposes consolidated capital requirements upon financial conglomerates. FICOD also imposes supervisory requirements relating to the monitoring and reporting of risk concentration levels of, and significant intragroup transactions between, members of financial conglomerates. Moreover, it requires the maintenance of risk management controls and processes at the level of a financial conglomerate, backed up by regulatory reporting obligations, and requirements for stress testing of financial conglomerates by their regulators.
Resolution and Groups
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter assesses how the concepts of resolution tools and powers are applied to, and indeed shape and are shaped by, groups. The driving concern of resolution authorities is to ensure the resolvability of banking and other financial services groups. Major financial services groups have had to restructure and refinance themselves with a view to facilitating their resolution authorities’ resolution strategies, and it is unlikely that regulators would knowingly permit the creation of a group that posed serious barriers to resolvability. Moreover, resolution authorities are now required to identify barriers to resolution on a periodic basis, and have been granted powers to require groups to restructure in order to remove such impediments. The chapter then considers the application of resolution-related requirements on a group basis, as well as the group resolution plans and resolution strategies.
Core Distinctions
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter introduces the concept of rescission. It starts with the definitions of recissions correlating to ab initio and de futuro. Ab initio refers to the recission of a contract for fraud and other vitiating events from the beginning, while de futuro refers to when a contract had been brought to conclusion for subsequent breach or frustration. The law of recission primarily focuses on voidable contracts instead of void contracts or contracts that are ineffective until ratified. The chapter then discusses the similarities and differences of the law of recission within the US and the UK. It also looks into the rescission and transactions ineffective in equity.
Common Law, Equity, and Fusion
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter discusses common law, equity, and fusion. It recognizes how the separate origins of recissions at law and in equity had hampered the development of clear rules that regulated the relationship between doctrines. Thus, questions arose on how far the fusion or synthesis of common law and equity had gone. The structure of rescission at common law was a by-product of the availability of different forms of action in line with the reorganization of the law of contract. The chapter notes fraud, bribery, duress, or contracts of insurance for material non-disclosure and non-fraudulent misrepresentation as grounds of rescission at law.
Electing to Rescind
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter studies the process of electing to rescind. It starts with the validity of a voidable transaction until it is rescinded, especially since the party entitled to rescind would not be obliged. An election to disaffirm never results in a rescission, but proprietary rights to restitution are conferred when a transaction is rejected for fraud. As a general rule, rescinding election includes notifying the opposite party in the transaction of one's intent. Retaking possession of goods sold unambiguously asserts rights incompatible with a subsisting contract. The chapter also explains how an election to rescind could be achieved through pleading. When a transaction is voidable in equity, the election to rescind could only be effective under the conditions of fraud.
General Principles of Restitutio in Integrum
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter discusses the general principles of restitutio in integrum. It highlights the basic objective of the relief given upon rescission, which is to restore the parties to their original positions or where rescission occurs in equity. Restitutio in integrum often refers to the object of an award of damages. Moreover, rescission can leave uncompensated losses and windfalls that would leave parties in a worse position financially than if the contract had never been made. The chapter then explains how discretion is needed to impose relief in equity. It looks at the retrospective consequences of rescissions that involve property rights and fiscal consequences.
Delay and Estoppel
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter discusses the loss of the right to rescind following the failure to exercise it. It outlines the different doctrines that are engaged when delay prevents rescission. The doctrines mainly include three categories: culpable delay that results in undue prejudice; a delay that causes the right to rescind to expire due to the statute of limitations; and delay that results in an inference of waiver. However, a delay is not essential prior to rescission being barred by estoppel. The chapter explains how estoppel is governed by general principles due to the lack of authority. It examines how estoppel might arise following a consistent course of dealings, conducted on the footing that a right to rescind would not be exercised.
Disproportionate Effect: Section 2(2) of the Misrepresentation Act 1967
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter examines Section 2(2) of the Misrepresentation Act 1967. As rescission is claimed for non-fraudulent misrepresentation, Section 2(2) of the Misrepresentation Act 1967 provide judges and arbitrators the discretionary power to declare the contract subsisting and award damages in lieu of rescission. The legislation had been introduced for instances wherein the situation of the defendant of rescission would be disproportionately hard compared to the injury suffered. The chapter then expounds on the conditions and grounds for the exercise of the power to award damages instead of rescission. It also looks into the measurement of damages. Additionally, courts have asserted an undoubted discretion to refuse rescission when it had been deemed disproportionate under the general law and requirements of the fair dealing rule.
Freedom of Choice
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Article 3 of the Rome I Regulation entitled ‘Freedom of Choice’ (Liberté de choix/Freie Rechtswahl). The article is the cornerstone of the Rome Convention, reiterated in the Rome I Regulation, and requires that the choice freely made by the parties as regards the law applicable to their contractual relationship be respected.
Assignment and Subrogation
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Articles 14 and 15 of the Rome I Regulation. Article 14 provides conflict rules relating to voluntary assignments and contractual subrogation. Article 15 applies to subrogation by operation of law, where a third person has a ‘duty’ to satisfy the creditor and/or has in fact satisfied the creditor in discharge of that duty. In contrast to Article 14, which requires a voluntary, contractual subrogation of such a claim, Article 15 is engaged where the law imposes a duty on the third person to pay.
Introduction
Authors: Marboe Irmgard 
Published: August 2024

Abstract
The calculation of compensation and damages plays an important role in international investment arbitration. Claimants are usually interested above all with the question of how much they can expect to receive after a possibly long-lasting legal procedure. In addition, general preventive reasons should also be kept in mind. It follows that the financial assessment of the legal claims should as closely as possible reflect economic realities. This means that generally accepted valuation standards and approaches should be applied which so far has not been self-evident in international legal disputes.
Administrative Proceedings
Authors: Nazzini Renato 
Published: August 2024

Abstract
This chapter sets out the taxonomy of administrative proceedings in competition law matters. Competition law may be enforced by administrative bodies in the public interest, as provided by the Treaty on the Functioning of the European Union (TFEU). Administrative proceedings may be started by any of the national competition authorities in the EU, and are subject to national procedures. In addition, its decisions may be challenged before national courts and tribunals under national laws. Administrative investigations may be commenced in the US by the Antitrust Division of the Department of Justice or by the Federal Trade Commission. Although such investigations then lead to judicial proceedings being issued or criminal prosecutions being brought, cooperation with EU authorities may occur in the context of the administrative investigation. Such cooperation is relevant to international concurrency and is dealt with at the end of this chapter.
Case Management and Stays
Authors: Nazzini Renato 
Published: August 2024

Abstract
This chapter addresses the question as to whether one set of proceedings should be stayed because of another set of pending proceedings concerning the same or even different parties. The issue occurs when civil, administrative, and criminal proceedings concerning the same facts are conducted in parallel. Such a decision is always a complex and highly fact-sensitive one. The time factor weighs heavily against putting cases on hold potentially for years, but there are countervailing considerations that point in the opposite direction. This chapter deals with cases in which the need to stay proceedings does not arise because the jurisdictions of the courts and competition authorities are not concurrent but either clashing or separate. It then goes on to discuss the coordination between civil and administrative proceedings, criminal and civil proceedings, and criminal and administrative proceedings.
Passengers’ Rights in the European Union
Authors: Rodríguez Elvira Aliende 
Published: August 2024

Abstract
Between 2004 and 2011 the European Union introduced rules to protect passengers in air transport, in rail transport, by sea and inland waterway transport, and finally by bus and coach services. This chapter sketches the main elements of each of the relevant regimes, provides information about case law applying these rules, and identifies commonalities and differences between the different sets of rules. In particular, the Commission has made efforts to raise awareness of passenger rights amongst EU residents; however, it is essential to ensure the exercise of these rights in a simple and efficient manner. Therefore, non-judicial mechanisms have been created to deal with complaints. This means that passengers have the right to rely on a proper application by carriers and on the enforcement of EU rules from the so-called national enforcement body.
Delayed global standardization and prefectural disparities in systemic lupus erythematosus treatment in Japan: A nationwide study using the National Database of Health Insurance Claims and Specific Health Checkups of Japan
Authors: Yokogawa Naoto , Sakai Ryoko , Matsushita Masakazu , Shimizu Masaki , Inoue Yuzaburo , Inoue Eisuke , Yamaji Ken , Mori Masaaki , Miyamae Takako 
Published: August 2024

ABSTRACT

Objectives
The aim of this study was to evaluate the status of the global standardization of, and prefectural differences in, systemic lupus erythematosus (SLE) treatments in Japan.

Methods
The National Database of Health Insurance Claims and Specific Health Checkups of Japan (NDB Japan) was used. A patient with SLE was defined as having a disease with ICD-10 code M321 or M329 between April 2019 and March 2020, for which oral corticosteroids, immunosuppressive agents, or biologic agents were prescribed at least once during a given month. SLE treatments were evaluated by treatment centre type and prefecture.

Results
In total, 74,277 patients met the definition of SLE. The SLE prevalence was 60 per 100,000 (range: 47–102 per 100,000 by prefecture). Nationwide, 79.4% of the patients (range: 52.1–93.3% by prefecture) visited a specialized treatment centre (STC); 37.4% (range: 26.4–51.3% by prefecture) received only oral corticosteroids, with fewer of these patients visiting an STC than a non-STC (34.8% and 49.7%, P &lt; .001); and 21.4% (range: 10.7–35.0%) received hydroxychloroquine, with more of these patients visiting an STC than a non-STC (23.0% and 13.5%; P &lt; .001).

Conclusions
The NDB Japan demonstrated the delayed global standardization of, and prefectural disparity in, SLE treatments in Japan.