bluuebunny/crossref_metadata_2025_split huggingface dataset:
Austria
Authors: Liebscher Christoph 
Published: August 2024

Abstract
This chapter discusses the arbitration system of Austria, beginning with a short historical background on the country’s arbitration law and an overview of the current status of the law. It then considers the distinction between national and international arbitration, the practice of arbitration in Austria, and the jurisdiction of the arbitral tribunal. In particular, it looks at the arbitration agreement itself (eg the law applicable to the interpretation of arbitration clauses), arbitrability, and enforcement of an arbitration agreement within or by court proceedings. The chapter also analyses the constitution of the arbitral tribunal (eg number and qualification of arbitrators, appointment of arbitrators); the general principles of arbitral procedure, witnesses, and experts; the type of awards rendered by the arbitral tribunal, and the question of liability of arbitrators. Finally, the enforcement rules for national awards and foreign awards in Austria are explained.
Germany
Authors: Hanefeld Inka , Schmidt-Ahrendts Nils 
Published: August 2024

Abstract
This chapter provides an overview of the arbitration system of Germany. It first traces the history of Germany’s arbitration law before discussing the current status of the law. It then explains the distinction between national and international arbitration and the practice of arbitration in Germany, along with the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself, the issue of arbitrability in the context of international arbitration (‘personal arbitrability’, ‘objective arbitrability’), decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), and enforcement of an arbitration agreement within or by way of court proceedings. The chapter also examines the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators), the arbitral procedure, the process of rendering the arbitral award, and the question of liability of arbitrators. Finally, it analyses the enforcement rules for national awards versus foreign awards in Germany.
Compatibility of Aid—General Principles
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter sets out the general principles governing the compatibility of State aid. It deals in turn with automatic compatibility under Article 107(2), and the categories of aid that the Commission has a discretion to approve under Article 107(3), as well as the role of block exemptions and Commission guidelines in structuring the Commission’s compatibility assessments . The chapter also discusses the compatibility of aid to support services of general economic interest under Article 106(2) and the SGEI Decision, Framework, and Communication adopted in 2011. Finally, the chapter addresses the possibilities under Article 107(3)(e) and Article 108(2) for the European Council to authorise aid.
Research, Development and Innovation
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter presents the rules on State aid for research, development, and innovation (R&D&I), highlighting the favourable approach taken by the Commission towards such aid given the EU objective of promoting scientific and technological advance. The chapter considers the particular issues relating to the existence of aid under Article 107(1) which arise in the context of R&D&I. It then deals with the application of the General Block Exemption Regulation (GBER) to R&D&I aid, both in terms of the general scope of the exemptions and the particular eligibility conditions for the different types of R&D&I exemptions. Finally, the compatibility assessment under the R&D&I Framework for aid not covered by the GBER is discussed.
Corporate Law Versus Financial Regulatory Rules
Authors: Lieverse Kitty , Bulten Claartje 
Published: August 2024

Abstract
This chapter discusses the impact of financial regulatory rules on the corporate governance of banks established in Europe. Banks are not ordinary companies. In view of their activities, banks also have to deal — through financial supervision — with extensive regulation of public interests. This impacts both the structure of banks and the manner in which they operate. A further dimension is added because of the European origin of the financial regulatory rules for the banking sector and because the European Central Bank (ECB) acts as a single supervisor. The impact of financial regulatory rules, including intervention by the supervisor, on the corporate governance of banks might potentially provide for European harmonisation of national company law based on the public interests that are being pursued for this sector.
Regulatory Expropriation
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter focuses on regulatory expropriation, asking what criteria must be met for regulatory measures to be considered expropriation and — where regulatory measures constitute expropriation — whether the State is liable to compensate the foreign investor. After describing the different types of regulatory measures identified by investment treaty tribunals in cases of alleged indirect expropriation, the chapter examines bona fide regulation exercised in the police powers of the state and how tribunals determine whether bona fide regulation is capable of constituting compensable expropriation. It also discusses the test used in determining regulatory expropriation in investment treaty arbitration, taking into account six factors that have been applied by tribunals: non-discrimination, the degree of interference or impact on the investment, the government's intent and purpose of the measure, the reasonableness of the measure, the legitimate expectations of the investor, and the proportionality between the impact of the measures and public policy.
Introduction
Authors: Goldby Miriam 
Published: August 2024

Abstract
This introductory chapter provides an overview of the use of electronic alternatives to documents used in the international sale of goods carried by sea. The legal implications of the transition to paperless international trade are a topic that has been much discussed and debated. The major obstacles that commentators have viewed as likely to slow down the emergence of electronic alternatives to trade documents are lack of confidence; uncertainties regarding risk and liability; the absence of a single universally used standard for electronic communications; the absence of the necessary technological infrastructure in developing countries; and governmental requirements at points of exit and entry into different jurisdictions. From the legal point of view, earlier contributions to the debate are concerned with the difficulties to which expressions such as “original,” “document,” “writing,” and “signature” may give rise when they appear in the law.
Documents Used in International Trade
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter looks at the documents most commonly used in international trade. These documents include the sale contract, transport documents, insurance documents, certifying documents, and payment instruments. The purchase order usually constitutes at law an offer to the seller, which becomes a binding contract upon the seller's acceptance. The invoice is a document issued by the seller as evidence of performance of the contract of sale. These documents relating to the sale will usually include a document evidencing that the goods have reached the carrier and indicating the terms under which the transport of the goods is to take place. A contract for the cross-border sale of goods will then specify that the goods should be insured during their transport. Many international sale contracts require certain facts to be certified, for example the origin, quality, and/or quantity of the goods.
Legal Framework to Govern Electronic Cargo Insurance Documents
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter explores the legal framework to govern electronic cargo insurance documents. Through the promulgation of guidelines and standard terms, and the expression of common understandings, the insurance industry is developing an informal legal framework for the governance of the use of electronic communications and electronic documentation. Brokers can provide a wide range of electronic services to their clients, for example the generation online of automatic quotes, when the details of the relevant shipment are entered, and the issuance of electronic documentation, once the cover is agreed. As regards the placing process whereby the broker enters into an insurance contract with an underwriter, there is an important distinction between the subscription market, in which the cargo insurance risk is subscribed to by a number of different underwriters, and the non-subscription market, in which risks are typically underwritten by a single insurer.
Evolution
Authors: Clarry Daniel 
Published: August 2024

Abstract
This chapter focuses on how the mould of the Chancery procedure needed to be broken, despite its basic principles of performance and protection being sound. Legislative intervention and a number of revolutionaries were required. The advent of summary procedures to enliven the supervisory jurisdiction for targeted intervention in trust administration was transformative. The statutory reforms in the mid- to late 19th century fragmented the superintendence of trusts by the Court into routine aspects that could be exercised more expediently to alleviate and overcome difficulties in the performance of trusts, without paralysing trust administration in the process. Impacted by modern standards, those reforms form the basis for the supervisory jurisdiction over trust administration in modern times.
Judicial Review of Trustee Decision-Making
Authors: Clarry Daniel 
Published: August 2024

Abstract
This chapter looks at how judicial review of trustee decision-making also tests the scope of the supervisory jurisdiction over trust administration and, in turn, the principles that define, and unify, that jurisdiction as distinct from remedial powers that the Court exercises in relation to trusts. The chapter analyses whether the judicial review of trustee decision-making is properly regarded as an aspect of the supervisory jurisdiction over trust administration. This analysis highlights the central principles that guide judicial review of trustee decision-making, which are heavily influenced by procedural mechanisms to enliven that jurisdiction, especially whether a breach of trust (or ‘fiduciary duty’) is essential to justify intervention.
Provenance and Development of the IBA Rules on Evidence
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This introductory chapter provides some background to the development of the IBA Rules on the Taking of Evidence in International Arbitration (the ‘IBA Rules’). The first edition of the IBA Rules was adopted on 28 May 1983. Although the first edition is materially different from the most recent edition adopted in 2010, the fundamental objective underlying each version of the rules remains the same: to provide some common ground for the production of evidence in the significant number of international arbitrations that take place globally every year, and to provide a bridge between the different legal traditions and domestic practices with which individual arbitration practitioners are familiar.
Preamble
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This chapter discusses the Preamble to the IBA Rules. Although the 1983 Rules did not contain a preamble, one was introduced in the 1999 Rules. The statement of principles and objectives contained in that preamble were further developed in the current 2010 Rules. The Preamble to the IBA Rules now comprises three short paragraphs. It explains what the IBA Rules are intended to accomplish and expresses two general principles underlying the drafting and application of those rules. These principles and objectives are important in aiding interpretation of the IBA Rules. The principles contained in the Preamble also inform the approach to be adopted by a tribunal where both the IBA Rules and the General Rules are silent on a matter affecting the taking of evidence and the parties have been unable to reach agreement on how that matter is to be addressed.
Article 1: Scope of Application
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This chapter discusses Article 1, which addresses the interaction between the IBA Rules and the various other rules that may apply in an individual arbitration. Article 1 sets out a number of principles that are to be applied in addressing a conflict between the IBA Rules and (a) any applicable mandatory provisions of law or (b) the institutional, ad hoc, or other rules that have been chosen to apply to the arbitration—defined in the IBA Rules as the General Rules. It also lays down the principles to be applied in the event of a dispute regarding interpretation of the IBA Rules, or where the parties are unable to agree what to do when those rules are silent on a particular matter concerning the taking of evidence. Moreover, Article 1 stipulates which version of the IBA Rules is to apply to a particular arbitration.
Legal and Regulatory Duties to Protect the Client’s Interest
Authors: van Setten Lodewijk 
Published: August 2024

Abstract
This chapter provides an overview of key legal and regulatory concepts that operate to control the conduct of investment firms who provide financial advisory, portfolio management, brokerage, or dealer services, including the regulatory duty to act fairly and in the best interest of the client, the duty to provide information or to advise, and duties to manage conflicts. Drawing in particular on the relevant provisions of Markets in Financial Instruments Directive (MiFID) II, the chapter first explains the scope of the investment firm’s responsibility with respect to the provision of information on a certain investment service or investment product. It then considers caveat emptor versus duty to protect the interest of the investor, with emphasis on best interest and conflict rules in MiFID II. Finally, it examines the regulatory control framework for conflicts of interest, with a focus on inducements and remuneration policies in the financial services sector.
Investment and Wealth Management
Authors: van Setten Lodewijk 
Published: August 2024

Abstract
This chapter considers the operative legal and regulatory concepts underlying wealth and investment management. It begins with an overview of the legal characteristics of the investment management relationship, the function of the investment manager with respect to institutional versus retail investors, and collective (pooled) portfolio management. It then describes the investment manager’s specialisation in investment strategies and investment styles, the terms and conditions of the appointment of the investment manager, and the skill and care that a manager must apply in the exercise of investment discretion. It also examines trading by the investment manager and the investment manager’s best execution duties before concluding with an analysis of the range of wealth management services offered by investment managers, such as banking (deposit and savings accounts, payment services, foreign exchange services), custody services, investment advice, brokerage and order transmission services, dealer services, and portfolio management services.
Cryptocurrencies: The Underlying Technology
Authors: Green Sarah 
Published: August 2024

Abstract
This chapter provides an overview of decentralisation and distributed consensus, two components that distinguish cryptocurrencies from other forms of electronic payments which use intermediaries and electronic bank money, such as Paypal, WorldPay and BACS. These characteristics also account for the common notion that cryptocurrencies are ‘trustless’ — that is, transacting parties do not have to trust one another in the real world; their trust is in the payment protocol consensus on which cryptocurrencies are based. After explaining decentralisation and distributed consensus in this context, the chapter discusses the features shared by various cryptocurrencies and distributed ledger platforms like Bitcoin. It also introduces the reader to the chapters that follow, each of which considers a particular area of public or private law, and offers either a solution to — or a workable means of approaching — the problems that have either already arisen, or are bound to arise soon, in their application to cryptocurrencies.
It’s Virtually Money
Authors: Green Sarah 
Published: August 2024

Abstract
This chapter examines whether, in the context of English private law, treating cryptocurrencies as money makes sense. It first explains what virtual currencies are and why they present challenges to existing categories before discussing their function as a universal medium of exchange, as a unit of account, and as a store of value. It then considers private law's conventional concept of money and the limitations of this, along with the implications of excluding cryptocurrencies from the definition of money for the legitimate expectations of contracting parties. In particular, it analyses the issue of whether an exchange of goods for other goods represents a barter or a sale and whether the defence of bona fide purchaser for value without notice would apply in the context of virtual currencies. The chapter concludes that there should be no distinction between fiat and virtual currencies in private law.
The Characterization of Cryptocurrencies in East Asia
Authors: Low Kelvin FK , Ying-Chieh Wu 
Published: August 2024

Abstract
This chapter focuses on the characterisation of cryptocurrencies as property in East Asia, with particular reference to three jurisdictions: Japan, China and South Korea. It first provides a brief overview of the legal systems of Japan, China and South Korea before discussing whether cryptocurrencies can be considered a thing recognised in the Civil Code, and how ownership is defined as a matter of the civil law in each of the three jurisdictions. It then examines whether cryptocurrencies can be the object of ownership as a matter of Chinese, Japanese or South Korean law and whether the right to cryptocurrencies may be categorised as a quasi-real right rather than real right. It also looks at two remedies available when the right to cryptocurrencies as a quasi-real right is infringed: rei vindicatio, which arises from the law of real rights, and tort liability, which arises from the law of obligations.
Cryptocurrencies and Banking Law: Are There Lessons to Learn?
Authors: Hare Christopher 
Published: August 2024

Abstract
This chapter considers whether the principles and practices employed by traditional banks may be reconciled with the trading and holding of Bitcoin and other cryptocurrencies. It examines three basic functions of traditional banking — storing value, making payments and lending — and the extent to which they can be performed through cryptocurrency transactions. In analysing the extent to which cryptocurrencies operate as stores of value, the chapter asks whether a cryptocurrency itself stores monetary value and how the economic value in cryptocurrencies is stored in digital wallets. It also discusses four duties that arise from drawing an analogy between digital wallets and bank accounts in the context of bank-customer relationships: the duty to act in accordance with one's mandate; the duty to keep information confidential; the duty to act with reasonable skill and care; and the fiduciary duties (or disabilities) relating to unauthorised conflicts of interest and profit-making.
Non-state community Virtual Currencies
Authors: Geva Benjamin , Geva Dorit 
Published: August 2024

Abstract
This chapter focuses on the use of cryptocurrencies as a kind of ‘community currency’ and what might be the most future-proof characteristics of non-state currencies. It first provides an overview of what digital community currency is before explaining the distinction between legal tender and money in order to emphasise the centrality of ‘acceptance in the community’ in the definition of money. It then considers the relationship between ‘acceptance’ and ‘community’, the origins of community money, and how digitalisation may affect ‘monetary community’. It also asks whether law converges with economic sociology in the area of privately issued money by reviewing the legal history of the banknote, along with its application to the community paper-based money and to the cryptocurrency. Finally, it tackles the question of whether cryptocurrencies constitute ‘money’, whether community currencies bring net benefits, and whether ‘community money’ can be recognised as a separate category of ‘private money’.
Money and Credit
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter explores the attempts to argue that credit money is a late creation, and that there are societies (or states of society) in which all money is commodity money. These arguments are clearly mistaken since exchange based on credit obligations was a feature of Babylonic economic activity in the twenty-fifth century BC, and it is clear from the historic record that payment systems existed thousands of years before the invention of coin in the West in the 7th-century BC. The reason for this is simply that it is inevitable—it is impossible to imagine any society in which all reciprocal dealings are always immediately settled with physical transfer of the relevant goods.
The Rise of Private Payment Instruments
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter discusses how the creation of private payment instruments began. Historically, the primary mechanism for debt repayment amongst mutual creditors was a ‘reckoning’, but that was not entirely efficient, so people gradually evolved to settling mutual credits. Then came the creation of public tokens, then bills and notes, and eventually bank cheques. The chapter also considers the importance of distinguishing between private money in the form of book credit and private money in the form of private tokens. On one hand, private money in the form of book credit is unquestionably older than sovereign money. On the other hand, private monetary tokens have at times circulated alongside sovereign money, sometimes as a supplement and sometimes as a substitute.
European Banking Union
Authors: Alexander Kern 
Published: August 2024

Abstract
This chapter analyses the banking union’s institutional structure and whether it has provided an effective supervisory and resolution framework and has contributed to the integration, stability, and resilience of the Euro Area banking system. It argues that the banking union’s Single Supervisory Mechanism and Single Resolution Mechanism have achieved a considerable degree of effectiveness by coordinating their activities with other European Union institutions and agencies, and with member state authorities. Euro Area banking markets, however, continue to suffer from economic stagnation, fragmentation, and fragility. The chapter suggests that more effective implementation of EU bank regulatory and technical standards and guidance, including more harmonisation in supervisory decision-making and resolution practices, is needed to support the integration and stability of Euro Area banking markets. The chapter also argues that the ECB and national competent authorities should coordinate more effectively in fulfilling macro-prudential tasks and utilizing macroprudential tools. The chapter considers some of the main challenges in further developing the banking union and whether recently adopted EU legislation adequately addresses gaps and weaknesses in banking supervision, regulation and resolution. It also discusses the challenges involving the regulation of financial infrastructure, including central counterparties, and the risks associated with non-bank financial institutions.