bluuebunny/crossref_metadata_2025_split huggingface dataset:
Intellectual Property Courts in China
Authors: Matthews Duncan 
Published: August 2024

Abstract
This chapter explains that the rationale for setting up specialised IP courts was set out by the Supreme Court of the People's Republic of China in its 2014 White Paper on Intellectual Property Protection by Chinese Courts, namely that establishing IP courts is a fundamental measure in terms of judicial reform in China as a whole. Similarly, the Central Committee of the Communist Party of China (CCCPC) has stated that it considers the establishment of IP courts to be a significant step in the reform of the national scientific and technological base. The chapter offers an overview of China's IP court system, highlighting the process by which the IP courts were set up and assesses how efficiently the courts are operating.
SEPs and Competition Law
Authors: Wang Xiaoye , Gao Yajie 
Published: August 2024

Abstract
This chapter considers Standard Essential Patents (“SEPs”), which refer to the indispensable and unsubstitutable patents to a technical standard. Put it in another way, SEPs are patents that have to be applied when enforcing a technical standard. Technical standard is the compulsory requirement for relevant undertakings, if it has been widely used so as to become an industrial standard or state compulsory standard, and products or services that cannot meet a “threshold” are prohibited from entering the market. Due to the openness of the standard, technology licenses related to SEPs concern public interest. The chapter also shows how industry standards are widely acknowledged to be one of the engines driving the modern economy. Standards can make products less costly to produce and more valuable for consumers.
Intellectual Property Rights and China’s Competition Law Enforcement
Authors: Williams Mark 
Published: August 2024

Abstract
This chapter examines whether China's current competition law provisions and its enforcement practices are in fact an adjunct to an industrial policy of coerced technology transfer or not. To achieve this, China's stated industrial strategy as envisaged in the China 2025 policy are considered, and the provisions of the AML and subordinate legislation discussed. The chapter explores the use to which the specific abuse of IPR provisions have been put to date, as well as the use of other provisions in the AML, particularly the abuse of dominance provision to achieve similar aims. The chapter concludes with an assessment of the likely future treatment of IPR-rich multinational corporations under China's competition regime.
Merger Control and its Impact on Innovation in China*
Authors: Renard François , Pommiès Charles 
Published: August 2024

Abstract
This chapter talks about the growing emphasis by competition authorities on the concept of innovation in merger control policy. Regulators traditionally focus their analysis on a transaction's effects on actual competition, potential competition, and even future competition. Despite the stochastic character of research and development efforts and, more broadly, the serendipitous nature of invention, regulators are now willing to move beyond the confines of this conventional framework and engage in a more uncertain analysis, in a long-term perspective, of the ability and incentives of merging players to reduce innovation and ultimately restrict competition. The chapter also notes the importance of innovation for China's industrial policy, and examines the legislative framework in which the Anti-Monopoly Bureau of China's Ministry of Commerce (MOFCOM) generally decides on cases and the role it plays in supporting innovation.
Distribution Agreements
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This chapter examines how Article 101 TFEU is applied to restraints included in the distribution of products, including the specific block exemption regulation for vertical restraints and the guidelines on vertical restraints. It first provides an overview of the different forms of vertical control required in coordination between the various stages of the vertical chain before introducing a typology of vertical restraints. It then considers how competition law distinguishes between vertical control by ownership and vertical control by contract, the application of Article 101(1) TFEU to vertical restraints, the pro-competitive theories of vertical control and their reception in EU competition law, and anti-competitive theories of vertical control and their reception in EU competition law. The chapter also analyses the application of Article 101(3) TFEU to vertical restraints and concludes with an assessment of the power of retailers to impose vertical restraints to their suppliers.
Update to Chapter 5: Subject-matter Scope: Specific Exclusions
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter explores matters specifically excluded from the scope of the three instruments. Each of the instruments contains a list of subjects that are excluded from its scope. It should be emphasized at the outset that, under Brussels, and almost certainly under Lugano and Hague as well, these legal concepts have an autonomous meaning. They are not interpreted according to national law. If this were not so, the scope of the instrument would vary from State to State. The list of exclusions in Brussels 2012 and Lugano 2007 are very similar. These include the status or legal capacity of natural persons; rights in property arising out of a matrimonial relationship; wills and succession; bankruptcy; social security; and arbitration. Meanwhile, the matters which are excluded from Hague include consumer contracts; contracts of employment; carriage of persons and goods; maritime matters; competition (antitrust) matters; liability for nuclear damage; personal injury; damage to property; matters subject to exclusive jurisdiction; infringement of intellectual-property rights; and declarations under the Hague Convention. The chapter also considers preliminary questions.
Update to Chapter 8: Special Jurisdiction
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter describes the rules of special jurisdiction contained in Article 7 of Brussels 2012 and Article 5 of Lugano 2007, rules that apply when the defendant is domiciled in another EU or Lugano State. The first rule concerns matters relating to a contract. The relevant provisions are Article 7(1) of Brussels 2012 and Article 5(1) of Lugano 2007. Meanwhile, Brussels 2012, Article 7(2), and Lugano 2007, Article 5(3), concern matters relating to tort, delict, or quasi-delict. They give jurisdiction to the 'courts for the place where the harmful event occurred or may occur'. The other rules concern civil claims in criminal proceedings; recovery of cultural objects (Brussels 2012 only); branch, agency, or other establishment; trusts; salvage of a cargo or freight; and maintenance. These rules are all subject to an exception where the courts of another Member State have exclusive jurisdiction, under Brussels 2012, Article 24 or 25, or where another Section of Title II of the Regulation sets out a complete code of provisions with regard to a given subject.
Update to Chapter 14: Submission
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter explains that if the defendant enters an appearance before a court of a Member State (Lugano State) without contesting jurisdiction, that fact alone confers jurisdiction on the court in question. This ensures that a defendant cannot fight the case on the merits and then, if he loses, claim that the court had no jurisdiction. The rule is usually explained on the ground that the entry of an appearance without challenging the court's jurisdiction constitutes an implied choice-of-court agreement. The rule does not apply where another court has exclusive jurisdiction under Brussels 2012, Article 24 or Lugano 2007, Article 22, though it does apply where another court has exclusive jurisdiction under a choice-of-court agreement. Brussels 2012, Article 26(2), (but not Lugano 2007) now contains a provision that, before assuming jurisdiction, the court must ensure that the defendant is informed of his right to contest jurisdiction and of the consequences of entering or not entering an appearance.
Update to Chapter 17: Brussels and Lugano: Procedure
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter looks at the procedure for the recognition and enforcement of judgments under Brussels 2012 and Lugano 2007. It should be said at the outset that if a judgment is enforceable under Brussels or Lugano, it must be enforced under those instruments: it is not permitted to sue the defendant again on the original cause of action, even if this would be less expensive. The position under the two instruments appears rather different because, while Lugano 2007 follows Brussels 2000 in requiring the judgment creditor to obtain a declaration of enforceability as a precondition for enforcement, this is no longer necessary under Brussels 2012. However, the difference is not very great in practice. Brussels 2012 and Lugano 2007 lay down the basic elements of the enforcement procedure. Subject to these provisions, the rules of national law applicable to the enforcement of national judgments apply to the enforcement of judgments from another Member State or Lugano State.
Context and Origins of Regulation No. 2019/1111
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter introduces the origins, history, and changes of the Brussels IIb Regulation, which is also known as the Council Regulation (EU) 2019/1111 of 25 June 2019. It highlights the importance of knowing the legislative history and international instruments to achieve a proper understanding and application of the Regulation. The Brussels IIb Regulation primarily refers to the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility and international child abduction. Thus, judges or practitioners should be aware of several basic principles of interpreting EU instruments before applying the Regulation. The chapter recognises the abolition of the need for a declaration of enforceability as the most significant change of the entire Brussels IIb Regulation.
Scope of the Regulation and Definitions
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter elaborates on the scope of the Brussels IIb Regulation. It clarifies that the Brussels IIb Regulation does not apply in any way to Denmark and United Kingdom, unlike Ireland and France. Moreover, the terminology and definition of the Brussels IIb Regulation changed compared to the Brussels IIa Regulation. The chapter explains the Regulation's material scope surrounding matrimonial matters, divorce, legal separation, annulment, parental responsibility, and child abductions. The personal scope of the Brussels IIb Regulation addresses the rules relating to the international jurisdiction, recognition, and enforcement of both matrimonial matters and parental responsibility. The chapter also mentions the temporal scope of the Regulation that became applicable on 1 August 2022.
What This Book is About
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter summarises that the book is about the advantages and the risks involved in the choice of law governing an international contract or other transaction, plus the accompanying choice of courts, in the fields of wholesale financial, commercial, corporate, and insolvency law. It sets out the methodology of using key indicators satisfying eligibility tests to measure thirteen main themes and hence to rank the jurisdictions of the world on a comparative basis, focusing mainly on England, New York, France, and Germany, but extending to all the jurisdictions of the world. English and New York law are international public utilities because of their dominant use for international contracts.
Role of Law
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter discusses the role of law as an ideology and the largest and the most comprehensive moral code of modern societies, assesses the economic value of law, discusses the role of English and New York law as international public utilities compared to other dominant institutions, and reviews the growth of law and its impact. It discusses that role of law as a monopoly by comparing the use of the US dollar, Delaware corporate law, the ISDA Master Agreement, the payment messaging service SWIFT, CLS Bank, various other clearing systems, and legal systems as monopolies or near monopolies, and reviews their hard power and soft power. It discusses the reasons for the growth of law since 1830 in relation to money, banks, and corporations.
Governing Law and Choice of Courts
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter reviews the essentials of an express choice of governing law for a contract and the choice of courts, as well as governing law and jurisdiction for non-contractual claims, such as torts. It summarises international long-arm jurisdiction, the European Judgments Regulation 2012 and the Hague Convention on Choice of Court Agreements 2005. It surveys the extent to which the governing law is restricted by other laws, such as regulatory and insolvency law. Other areas of law that may override the governing law in a particular jurisdiction include the local criminal law, corporate law, the procedural law of the courts, international conventions, contract law such as doctrines of good faith, and the law of torts or delict. This chapter also reviews non-contractual liabilities, the use of arbitration, and the potential overriding of jurisdiction and arbitration clauses by insolvency statutes.
Exclusion Clauses
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter surveys the comparative law of exclusion clauses in business contracts internationally and the reasons for their use. As a key indicator, it compares the validity of exclusion clauses in unregulated offering documents such as offering memoranda for syndicated bank credits and offering circulars for international bond issues. It also considers the comparative law on underwriting liability for unregulated prospectuses and for regulated prospectuses. It examines the comparative law for exclusion of liability in relation to the sale of derivatives. It concludes that, as regards arranging bank and underwriter liability, the English courts are sympathetic to exclusion clauses in wholesale markets, as shown by a mass of case law, and that the English attitude to exclusion clauses in general seems more welcoming than in Germany or France.
Comparison of Jurisdictions of the World
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter identifies the families of jurisdictions into eight families, explains how they were formed, and sets out the members of each group, the historical background of the family, and the legal culture and key indicators. It identifies a number of other jurisdictions that might serve as the governing law of international transactions. The main families of jurisdictions are the American common law jurisdictions, the English common law jurisdictions, the Napoleonic jurisdictions, the Roman-Germanic jurisdictions, the mixed civil/common law jurisdictions, Islamic jurisdictions, new or transition jurisdictions, and a small number of unallocated jurisdictions. A table sets out statistics about these jurisdictions, showing the predominant influence of England, France, and Germany, with a number of other influential countries historically, including the United States and the Netherlands.
Authentic Instruments and Court Settlements
Authors: Fitchen Jonathan , Kramer Xandra 
Published: August 2024

Abstract
This chapter discusses Arts 58-60 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). It covers provisions on authentic instruments, court settlements, and the certification of authentic instruments and court settlements by the Member State of origin.
Transitional Provisions
Authors: Dickinson Andrew 
Published: August 2024

Abstract
This chapter discusses Art 66 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 applies only to legal proceedings instituted, to authentic instruments formally drawn up or registered, and to court settlements approved or concluded on or after 10 January 2015.
The History of an Unusual Remedy
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter traces the history of the anti-suit injunction, which is marked by confusion and dissent over the central tests to be satisfied in order for an injunction to be granted; and over the underlying basis of the injunction. This history remains important, as the conflicts have not always been neatly resolved and the older decisions can be a treacherous guide to the modern law, unless their historical context is understood. The anti-suit injunction originally evolved from the ‘common injunction’, by which the English Court of Chancery had restrained litigants before the English common law courts from obtaining judgments which were contrary to the principles of equity. Once established, the anti-suit injunction has given English courts a powerful tool to protect their own jurisdiction, and to enforce their own perceptions of justice on transnational litigation.
Power, Nature, and Form
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter discusses the power of granting injunctions and the form and nature of anti-suit injunctions. In the High Court, final injunctions in ordinary private law litigation are granted under section 37(1) of the Senior Courts Act 1981, which restates and confirms the powers of the pre-Judicature Act courts to grant injunctions. Irrespective of whether anti-suit injunctions are justified by a correlative underlying legal or equitable right, and whether or not the requirement for a legal and equitable right is a question of power, or principle, or practice, anti-suit injunctions can be and are granted under section 37(1) of the Senior Courts Act 1981. In principle, other statutory powers could also support an anti-suit injunction, but section 37(1) is the only power that is used by the High Court in the modern case law to restrain foreign proceedings.
Non-Contractual Anti-Suit Injunctions
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter explores the cases in which non-contractual anti-suit injunctions have been sought in respect of proceedings abroad. A distinction needs to be drawn between ‘alternative forum’ and ‘single forum’ cases, although it is never absolute. In an alternative forum case, the claim which is being made in the foreign action could be heard either in England or abroad, or in both jurisdictions. The possible claims in the competing jurisdictions do not need to be identical, provided that they are substantially similar. In contrast, in a single forum case, the foreign claim could only be brought in the foreign country and no similar claim could be brought in England. To fall within this category, the foreign claims must be materially different to possible claims in England.
Injunctions to Restrain Arbitration Proceedings
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter discusses injunction to restrain arbitration proceedings. It is legitimate, from an international perspective, for the courts of the seat of the arbitration to intervene to stop or suspend the arbitration in certain circumstances. The court has a general power under section 37(1) of the Senior Courts Act 1981 to grant an anti-arbitration injunction to restrain the commencement or pursuit of arbitration proceedings if (a) the arbitral proceedings are an infringement of a legal or equitable right of the injunction claimant; or (b) if the arbitration proceedings are vexatious or oppressive or unconscionable. It is probably also the case that the scope of this power is co-extensive with the power to grant anti-suit injunctions in general, and so the anti-arbitration injunction can also be granted if it is in the ‘interests of justice to do so’; although the primary situations where this will be satisfied is where (a) or (b) apply.
New Zealand Law
Authors: Raphael Thomas 
Published: August 2024

Abstract
This concluding chapter focuses on New Zealand law. New Zealand law on anti-suit injunctions, as it has so far developed, is much the same as English law and has generally followed the English decisions, while also paying particular regard to the judgments of the Privy Council on the subject. The New Zealand Courts have confirmed that they have the power to grant anti-suit injunctions without addressing the source of the power. In New Zealand, injunctions are not granted under an express statutory power specifically conferring or confirming the power to grant injunctions, in contrast to section 37(1) of the English Senior Courts Act 1981. Instead, sections IV, V and XVI of the Supreme Court Act 1860 conferred on the New Zealand High Court all the jurisdiction possessed by the superior courts of England in 1860. That jurisdiction included the power to grant injunctions, including anti-suit injunctions to restrain domestic or foreign proceedings.
Background
Authors: Secomb Matthew 
Published: August 2024

Abstract
This chapter provides a background of interest in international arbitration, tracing the early history of interest through medieval times, the Reformation, modern times, and today. Interest has a long and rich history, intertwined with the world's development. It involves religion, politics, and economics. Religion's effect on interest continues to this day, seen most prominently in various shari'a-based laws' restrictions on interest. Meanwhile, the law's view of interest has evolved over time. Throughout history, various systems — both religious and legal — contained laws to protect consumers from abusive interest. These factors, among others, help to explain the current state of interest in international arbitration. They explain why arbitrators view interest cautiously, rather than just focusing on the real economic value of money over time. The chapter then discusses the economics of interest, considers the treatment of interest in arbitral practice and the law applicable to interest, and looks at interest under shari'a law.
Outline for the Country Reports
Authors: Baumann Antje , Weigand Frank-Bernd 
Published: August 2024

Abstract
This chapter presents an outline of the handbook’s country reports on international commercial arbitration. It includes an overview of the current status of the law on arbitration and the practice of arbitration in each country. A section on the jurisdiction of the arbitral tribunal covers the arbitration agreement, arbitrability, decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), and enforcement of an arbitration agreement within or by court proceedings. There are also sections on the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators); arbitral procedure (place of arbitration, witnesses, experts, assistance by the courts); and arbitral award (types of award, deliberations, and agreement on the award); amendment and challenge of the award, with a focus on the liability of arbitrators; and enforcement of national awards versus foreign awards.