bluuebunny/crossref_metadata_2025_split huggingface dataset:
Update to Chapter 12: Exclusive Jurisdiction
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter examines exclusive jurisdiction, the special feature of which is that it has two aspects: it not only confers jurisdiction on the specified court but also deprives all other courts of the jurisdiction they might otherwise have had. It may arise because of the intrinsic importance of the subject matter for the country concerned, or it may be the result of the choice of the parties. The chapter considers the situations in which Brussels and Lugano lay down rules of exclusive jurisdiction which apply irrespective of the will of the parties. The relevant provisions are contained in Brussels 2012, Article 24, and Lugano 2007, Article 22. They apply even if neither party is domiciled in the European Union (or Lugano area). Brussels 2012 and Lugano 2007 are substantially the same. They confer exclusive jurisdiction in five cases: rights in rem in immovable property or tenancies in immovable property; the constitution, nullity or dissolution of legal persons or the validity of decisions of their organs; the validity of entries in public registers; the validity of registered intellectual property rights; and the enforcement of judgments.
Update to Chapter 21: Concurrent Proceedings
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter explores how the instruments deal with the situation in which the same claim is litigated before two courts in different countries. The common law has traditionally dealt with the problem through the twin remedies of a stay on the ground of forum non conveniens and an antisuit injunction. The former permits the forum to decline jurisdiction in favour of the other court; the latter enables the forum to insist on hearing the case itself. The mechanism adopted by both Brussels 2012 and Lugano 2007-Hague does not deal with the matter-is the doctrine of lis pendens. Under this, the court first seised hears the case and all other courts must give it up. It has the merit of being simple and objective, but it makes no attempt to ascertain which court would be more appropriate to hear the case. As common lawyers know only too well, however, this latter question introduces an element of subjectivity which can lead to uncertainty and lengthy litigation as to where litigation will take place. The chapter then considers the effect of Brussels and Lugano on the common-law remedies of forum non conveniens and antisuit injunctions.
Main Connecting Factors of the Regulation: Habitual Residence, Residence, Nationality, Domicile, Presence
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter discusses the role of habitual residence, residence, nationality, domicile, and presence connecting factors in the operation of the Brussels IIb Regulation. Habitual residence plays a role in determining whether unlawful removal or retention has taken place. Thus, habitual residence is the most dominant criterion, unlike the other connecting factors that only come into play in certain situations. The chapter elaborates on the application of the Court’s case law to specific situations. It also references the case law of the Court of Justice of the European Union which stresses that the determination of a person’s habitual residence in a given case is dependent on the exact circumstances of the case.
Jurisdiction—General Provisions
Authors: van Lith Hélène 
Published: August 2024

Abstract
This chapter discusses Arts 4-6 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast), which represent the cornerstones of the Brussels jurisdictional regime. The function of Art 4 is twofold: first, it establishes the general rule for the territorial application of the jurisdiction chapter of the Brussels I regime and second, it establishes the general rule for jurisdiction.
Jurisdiction in Matters Relating to Insurance
Authors: Bariatti Stefania 
Published: August 2024

Abstract
This chapter discusses Arts 10-16 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast) on matters relating to insurance, consumer, and employment contracts. It covers provisions on proceedings against insurers domiciled or deemed to be domiciled in a Member State; additional forum in liability insurance and insurance of immovable property cases; liability insurance; proceedings against Member State- domiciled policyholders, insured, and beneficiaries; and restrictions upon choice-of-court agreements.
The Framework of Jurisdictional Law
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter presents the framework of English jurisdictional law, and considers the material scope of the Brussels–Lugano regime and the other European jurisdictional instruments. The rules governing the jurisdiction of the English courts are comprised of two main overlapping systems: the traditional ‘common law’ rules of jurisdiction, based on service; and the European rules of jurisdiction imposed by the Brussels–Lugano regime, and the other European jurisdictional instruments. If the defendant is domiciled in the Brussels–Lugano zone, and the matter falls within the material scope of the Brussels–Lugano regime, the court's jurisdiction over him is determined by the rigid substantive rules of jurisdiction laid down by the regime. Where the defendant is domiciled outside the Brussels–Lugano zone, Article 6 of Regulation 1215/2012, the ‘Brussels I Recast’, provides that jurisdiction is to be exercised according to national law.
Energy and Environmental Protection
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter considers the rules on State aid as they apply to the energy sector and environmental protection measures. The chapter sets out the specific issues that arise in considering the existence of aid under Article 107(1) in relation to energy and environmental support measures. It goes on to consider the application of the General Block Exemption Regulation (GBER) to energy and environmental aid. The chapter then discusses the application of the Environmental and Energy Aid Guidelines to aid not covered by the GBER, as well as the Emission Trading Scheme (ETS) Guidelines. The rules on State aid for stranded costs are outlined, before turning to a more detailed discussion of State aid in the nuclear energy sector. The chapter concludes with a discussion of the rules on State aid for the coal sector.
Introduction
Authors: Collier Richard S , Andrus Joseph L 
Published: August 2024

Abstract
This introductory chapter takes a look at the so-called arm's length principle (ALP), which forms the core of traditional transfer pricing policy and thought. It attempts to evaluate the ALP according to contentions over whether or not the ALP approach is a viable one. Hence, to assess the system of ALP-based transfer pricing rules, the chapter argues that the nature of the ALP must be clarified, its derivation and evolution examined, and its operation in practice considered. To that end, the chapter first discusses the ALP and its functions in brief. It then offers some preliminary considerations on whether or not the ALP is a viable approach, and to that effect introduces five factors for assessment: the ALP's ease of administration, economic efficiency, robustness to abuse, overall systemic stability, and fairness.
Judicial Expropriation
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter examines judicial expropriation, a form of indirect expropriation also known as takings by decisions of national courts. According to the ILC Articles, the conduct of national courts as the judicial organ of the State can be considered an act of the State under international law, and that a denial of justice by the courts of the State in proceedings brought by the other contracting party constitutes a breach of international law. Two issues divide investment treaty tribunals: whether denial of justice is a requirement for judicial expropriation, and whether exhaustion of local remedies, a requirement for denial of justice, is also a requirement of judicial expropriation. These issues are illustrated in a number of cases, such as Loewen Group Inc and Loewen v The United States, Generation Ukraine Inc v Ukraine, Saipem SpA v. The People's Republic of Bangladesh, and GEA Group Aktiengesellschaft v Ukraine.
The Standard of Compensation
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter focuses on the standard of compensation as an important factor in determining the compensation for expropriation of an investment in investment treaty arbitration. It first provides an overview of the treaty standard of compensation, taking into account the so-called HULL formula — the requirement to pay ‘full compensation’. It then explains the standard of compensation for unlawful expropriation, along with the importance of the date of valuation date in lawful expropriation. It also considers cases that illustrate how investment treaty tribunals apply the treaty standard of compensation and customary international law, as well as assess damages in accordance with the foreign investor's expectation at the time of the expropriation. Finally, the chapter revisits CME Czech Republic v Czech Republic, a case which demonstrates the merit (or otherwise) of re-conceptualising the approach to damages.
Interest
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter examines how interest is awarded in investment treaty arbitration. It discusses the main factors that determine the interest awarded by investment treaty tribunals: the date of accrual of the interest; the interest rate; whether to award simple interest or compound interest, or a combination of both or an adjustment of one or the other; and whether to calculate pre- and post-award interest on different bases or the same basis, or award interest without considering pre- and post- award interest separately. It also tackles the question of whether the treaty standard of interest should apply in unlawful expropriation and cites a number of cases that illustrate how tribunals apply customary international law remedies, including interest, if expropriation is illegal. Other cases highlight the application of the legal interest rate as opposed to a commercial rate, as well as the issue of whether to award simple or compound interest.
Removing Obstacles on the Road to Transition
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter studies certain ground-breaking initiatives that are being taken to facilitate the issuance of electronic documentation and its transition down the supply chain. The successful transition from relying on paper documentation to using electronic alternatives depends upon the will to instigate change of the parties to international sale contracts themselves and, more specifically, of those among them with the clout to bring on board their suppliers, customers, and service providers. The transition to paperless trade in cross-border business-to-business transactions has been a gradual and incremental process that is likely to continue for a number of years yet. Significant progress has been made in recent years and a number of obstacles that still remain are gradually being removed, opening the door to further progress in this area.
The Supervisory Jurisdiction Over Trust Administration
Authors: Clarry Daniel 
Published: August 2024

Abstract
This book examines the day-to-day functioning of the supervisory jurisdiction over trust administration and distils the essential principles that guide the court’s supervision and intervention in trust administration in the absence of any wrongdoing and with a view to facilitating the ongoing performance of a trust. An introductory section places the supervisory jurisdiction over trust administration in its historical context, exploring its origins and evolution through statutory reform into modern times. Analysis of twelve judicial functions by which the court acts to facilitate the ongoing performance of trusts follows, examining the general administration of trusts, court regulation of the office of trustee, securing the due administration, and supervising the non-performance, of trusts. These supervisory functions of the court are essential to any jurisdiction in the common law tradition and underscore the peculiar way in which trusts are regulated by the court throughout those jurisdictions. Recent developments in alternative dispute resolution in trust law, especially the arbitration of trust disputes, are also considered in a section focusing on remedies and trends in which the operation of the essential principles of the supervisory jurisdiction over trust administration are also considered against the background of recent developments in trust law — namely, the principles upon which the court awards compensation for breach of trust and reviews trustee decision-making. As well as exploring the nature and scope of the court’s jurisdiction, this book also supplies practical guidance as to how that might impact on a particular case or advice in administering a trust.
Attorneys’ Fees
Authors: Zeller Bruno 
Published: August 2024

Abstract
This chapter shows that attorneys' fees are a substantive and not a procedural matter, and hence are included under article 74. Article 74, in the spirit of the United Nations Convention on Contracts for the International Sale of Goods (CISG), contains no direct reference to individual classes of losses except loss of profit. The answer to whether attorneys' fees were intended to be included in the sphere of the provision lies in the application of the general principles on which the CISG relies. Great care must be taken to distinguish between court costs and legal fees if any autonomous interpretation of article 74 is to be developed. Even so, tribunals and courts throughout the CISG realm do not agree on this matter. This is demonstrated by comparing cases from different jurisdictions.
The Law of Financial Advice, Investment Management, and Trading
Authors: van Setten Lodewijk 
Published: August 2024

Abstract
This book analyses the law and regulation relating to financial investments, their markets, payment and settlement systems, as well as the duties and liabilities of intermediaries, providing invaluable legal and practical guidance regarding legal risk and the protection of the investor. The book draws together all of the elements relating to the investment cycle. It is divided into three parts. Part I categorises the various financial instruments legally and examines their legal properties and legal risks, in particular proprietary protection or lack thereof, which investors face in the context of holding financial assets. It also addresses the investment principles that underpin the investment processes. Part II focuses on the process by which financial assets may be acquired and disposed of via the markets and the market infrastructure, including central counterparty (CCP) and clearing features as well as payment and settlement systems. It discusses the legal risks that investors face in the context of trading and settlement. The impact of the principles and risks, described in Parts I and II respectively, inform the scope of the duties, responsibilities and liabilities of the intermediaries that advise investors. Part III explores the role of these intermediaries, tying together the constituent components of the investment cycle from the investor’s point of view and considering the quality of investor protection, service, proprietary protection and regulatory supervision.
Developing the Right Regulatory Regime for Cryptocurrencies and Other Value Data
Authors: Zellweger-Gutknecht Corinne 
Published: August 2024

Abstract
This chapter considers the regulatory regime for cryptocurrencies and other value data (defined as assets which are both excludable and rivalrous, recorded by a trusted technology rather than booked by a qualified intermediary). It begins with a discussion of changes in selected monetary assets and manifestations — namely banknotes and central bank reserve balances — that have occurred over time. It then describes three modes of money creation and their effect on the substance of an asset: money created on a temporary basis; outright money created with no connected reversal event; and by issue of helicopter money. It also analyses the different forms in which cryptocurrencies manifest themselves and their consequences for the rules governing title, transfer and protection of commercial dealings. Finally, it explores the excludable and rivalrous nature of value data and the manifestation of such data by entry in a register kept by a trusted technology.
The Single Rulebook and the SSM
Authors: Ferrarini Guido , Recine Fabio 
Published: August 2024

Abstract
This chapter analyses the single rulebook from the perspective of the separation of EU banking regulation from prudential supervision focusing on the Single Supervisory Mechanism (SSM). It argues, in particular, that banking regulation and supervision have been increasingly separated one from the other, reaching the apex in the European banking union where EU and national rule-making are entirely decoupled from the SSM. It also argues that EU banking law is characterized by both regulatory polycentrism and supervisory centralization. The chapter then enquires whether the European Central Bank should have more say in rule-making with respect to the eurozone. It concludes that the present EU regime for prudential regulation may be suboptimal for the SSM and hinder its flexibility. Indeed, the European Central Bank supervisory competences might be complemented by the possibility to adopt technical supervisory rules, leaving however key policy issues to be defined at political level by the Council and the EU Parliament.
Principles of International Financial Law
Authors: Bamford Colin 
Published: August 2024

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. Since the last edition was written there have been a number of developments in the technology used in the financial markets that question the legal principles on which they operate. In particular, the impact of Distributed Ledger Technology (e.g. Blockchain) on the transfer of intangible assets and the effect on the rights of parties involved is considered from both a legal and practical position. Additionally, the legal implications of the use of cryptocurrencies, including their use as Initial Coin Offerings, are also considered.
Money
Authors: Bamford Colin 
Published: August 2024

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 the legal nature of cryptocurrencies. It concludes with a discussion of the basis on which states seek to control the use by others of their currencies.
Fiduciary Duties in Financial Markets
Authors: Bamford Colin 
Published: August 2024

Abstract
This chapter builds on Chapter 7 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.
The Recognition and Enforcement of Foreign Judgments
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter discusses the four regimes for the recognition and enforcement of foreign judgments in Singapore. The regimes include the Reciprocal Enforcement of Commonwealth Judgments Act 1921 (RECJA), the Reciprocal Enforcement of Foreign Judgments Act 1959 (REFJA), the Choice of Court Agreements Act 2016 (CCAA), and the common law rules. The chapter considers the RECJA and REFJA which are modelled on common law rules. The Singapore government's concerted efforts to liberalize its foreign judgment rules resulted in the enactment of the Hague Convention on Choice of Court Agreements to enhance the enforceability of Singapore International Commercial Court judgments in other countries. This chapter briefly looks at the Hague Judgments Convention which employs indirect rules on jurisdiction and sole grounds on which a foreign judgment may be refused recognition or enforcement. The chapter also covers the grant of an injunction against the enforcement of a foreign judgment and the enforcement of international mediated settlement agreements through the Singapore Convention on Mediation.
Choice of Law: General Issues
Authors: Chong Adeline , Yip Man 
Published: August 2024

Abstract
This chapter looks into some general choice of law issues that underpin the choice of law process. It explains the limit of the claimant’s ability to control the law governing its claim, which primarily revolves around pursuing non-contractual causes of action in an attempt to escape from a contractual choice of law. The court must engage in a three-stage process of characterisation endorsed by the Singapore Court of Appeal to determine the applicable law. The chapter then considers whether certain matters are substantive or procedural in nature, such as limitation statutes and the doctrine of legal professional privilege. It explains that Singapore courts have not dealt with the incidental question in commercial cases, and it is unclear if international harmony or internal consistency should be prioritized for this concept.
Capital Requirements Directive (CRD IV)/Capital Requirements Regulation (CRR)
Authors: Willey Stuart 
Published: August 2024

Abstract
This chapter focuses on the CRD IV and the CRR. EU credit institutions have legal rights under CRD IV to provide certain services across the EEA. Article 33 of CRD IV allows credit institutions to passport the banking services and activities listed in Annex 1 of CRD IV, and for which they have been authorised to undertake in their home state, to clients and counterparties across the EEA. These include the following services and activities: taking deposits or other repayable funds; lending; payment services; trading on own account or for customers; and safe custody services. Once the UK has left the EU, UK-incorporated firms will no longer be able to passport their services from the UK across the EEA. A UK credit institution that seeks to provide banking services to EU clients will be required to become authorised under CRD IV or within individual EEA member states. Moreover, there is no mechanism to grant equivalence to the UK in respect of the CRR/CRD IV regime.