bluuebunny/crossref_metadata_2025_split huggingface dataset:
Anti-Competitive Agreements and Intellectual Property Licensing in China
Authors: Dai Ken 
Published: August 2024

Abstract
This chapter looks at how the Chinese competition legislation system is mainly composed of the AML, the Anti-Unfair Competition Law of PRC (the “AUCL”), and relevant guidelines and circulars. Based on the principle of good faith and recognized business ethics, the AUCL protects undertakings from suffering anti-competitive conducts so as to maintain a competitive market and protect the interests of consumers. Meanwhile, the AML focuses more on competition itself, requiring enough competitors in the market in order to provide freedom of choice for counter parties/consumers and improve the economic efficiency and social welfare of consumers.
Supplement to Chapter 3
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This supplement to Chapter 3 discusses the conceptual foundations of welfare economics, with particular emphasis on ordinal utility, revealed preferences and behaviourism. It first considers marginalism and the development of the neo-classical economics of utility, citing Alfred Marshall's marginalist framework of utility theory, before turning to ordinalism and the rise of the economic efficiency approach, game theory and expected subjective utility in relation to behaviourism and revealed preferences, behavioural economics and the connection between preferences and welfare. Also examined is how the approach of behavioural economics challenges the theory of revealed preferences, noting the pro-State intervention of behavioural economics owing to its reliance on asymmetric paternalism (also known as libertarian paternalism).
National Security and FDI Screening in the UK
Authors: Kokkoris Ioannis 
Published: August 2024

Abstract
The chapter scrutinizes the UK’s foreign investment screening framework, introduced by an account of the evolution of the national security assessment in merger control from the Monopolies and Mergers Act 1965 to the Enterprise Act 2002. It analyses recent amendments to the Enterprise Act regime and sector-specific regulations, finding that while some have improved the regime at the margin, several weaknesses remain from a substantial and institutional perspective. The chapter examines FDI screening under the newly established National Security Investment Act and delves into the Act’s provisions, objectives, application, and implications for investors. It dissects the Act’s core elements, highlighting its expansive scope. This examination extends from the substantial prerequisites to the procedural aspects, exploring the review process timeline, notification requirements, call-in powers, interim orders, and remedies and sanctions. The analysis highlights that the Act represents a transformative shift in UK investment screening, necessitating careful consideration by businesses and investors.
Update to Chapter 11: Protective Jurisdiction
Authors: Hartley Trevor C 
Published: August 2024

Abstract
This chapter discusses a series of provisions based on the principle of protective jurisdiction. This is derived from the idea that parties who are in a weak bargaining position should be given jurisdictional protection in order to prevent unscrupulous opponents from taking advantage of their weakness. The three instances in which this applies in Brussels and Lugano are insurance contracts, consumer contracts, and employment contracts. Brussels 2012, Recital 18, expresses this policy as follows: In relation to insurance, consumer, and employment contracts, the weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules. This means that the jurisdictional rules are more generous where the weaker party is suing the stronger party than the other way round. The chapter first assesses certain questions relating to all three areas in general; then it considers each of the three areas individually.
General and Final Provisions
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter explores Chapter VI of the Brussels IIb Regulation that contains a miscellany of provisions. It looks into the provisions indicated in Article 85 up to Article 103. Some articles address the issues of cooperation in court, collection and transmission of information, notification of the data subject, and non-disclosure of information. In the context of the Regulation, no legislation or other similar formality will be required since legalisation of the documents would need an issue by a court. Moreover, the abolition of the requirement for legalisation in the Brussels Conventions and Regulations extended beyond the legalisation stricto sensu to embrace any similar formality. The chapter also considers the Regulation’s attempts to minimise the need for translations.
Regulatory Law Indicators and Risks
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter reviews the main fields of regulation and describe the essentials of financial regulation and the managing of regulatory risk. It reviews key indicators of financial regulation, such as enforcement, protectionism, investor protection, and degree of freedom. Regulation differs from the ordinary law in that the law is administered by a governmental regulator, the law is criminalised although often described as administrative, and the rules are unusually detailed, prescriptive, and often extraterritorial. This chapter explains that the risks of financial regulation cannot be significantly controlled by a free choice of governing law or courts and that regulation often applies by reason of some fine-trigger contact with the regulating jurisdiction.
History and the Future
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter proposes two events which are considered to have had a major impact on the crystallisation of the main features of the main legal systems: first the timing of crystallisation in relation to the arrival of the Industrial Revolution in the jurisdictions concerned; and, secondly, cultural and political trends post-1968. It mentions the impact of Brexit and the role of Roman law. The chapter suggests possible future directions for the law. Three prominent issues are whether the law will continue to expand at its present rate and become even more unmanageable, whether the existing families of law will remain substantially as they are, and whether the dominance of English and New York law in wholesale transactions will continue as a duopoly or whether other contenders will emerge. One can expect that the content of the law of the future will be very unexpected.
Scope and Definitions
Authors: Illmer Martin , Nuyts Arnaud , Fitchen Jonathan 
Published: August 2024

Abstract
This chapter first discusses Arts 1-3 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 presents definitions of the following terms: ‘judgment’, ‘court settlement’, ‘authentic instrument’, ‘Member State of origin’, ‘court of origin’, and extended meaning of the term ‘court’.
The Recognition and Enforcement of Member State Judgments
Authors: Franzina Pietro , Kramer Xandra , Fitchen Jonathan 
Published: August 2024

Abstract
This chapter discusses Arts 36-57 included in Chapter III 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 the recognition of Member State judgments, documentary requirements for recognition, suspension of the proceedings in which recognition is invoked, the enforcement of Member State judgments, the refusal of recognition and enforcement, appeal against a decision on refusal, and enforcement of penalty provisions in Member State judgments.
Relationship with Other Instruments
Authors: Rogerson Pippa , Bonomi Andrea , Illmer Martin 
Published: August 2024

Abstract
This chapter discusses Arts 67-73 included in Chapter VIII of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Chapter VII regulates the relationship between the Recast Regulation and other international instruments. Those include other EU legislation (Art 67), the 1968 Brussels Convention (Art 68), and other conventions to which Member States of the EU are party (Arts 69-73).
Vertical Restraints
Authors: Niels Gunnar , Jenkins Helen , Kavanagh James 
Published: August 2024

Abstract
This chapter covers the economics of vertical restraints. Such restraints are very common as businesses try to organize their supply and distribution channels efficiently. Competition law faces the challenging task of assessing whether the positive efficiency effects outweigh the anti-competitive effects. The chapter first explains the main efficiency rationales for vertical restraints, including the problems of double marginalization, free-riding, and hold-up. It then sets out how counterfactual analysis can provide insight into whether there is actually a restriction of competition in the first place. The chapter next deals with the foreclosure effects of vertical restraints, and discusses two types of vertical restraint that continue to receive hostile treatment under competition law: resale price maintenance, and territorial restrictions along national boundaries. Finally, the chapter covers vertical restraints in online markets and discusses how these raise new or different challenges—for example, most-favoured-nation (MFN) clauses in online hotel bookings and e-books.
Interim Anti-Suit Injunctions
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter examines interim anti-suit injunctions. Most anti-suit injunctions are sought and granted on an interim basis. The need to pre-empt hearings in the other proceedings means that interim relief is frequently a practical necessity; in many cases, the grant of an interim injunction will be decisive. Indeed, anti-suit injunctions can be granted as interim relief only, without corresponding final anti-suit relief. In ordinary civil litigation in the High Court, the power under which interim anti-suit injunctions are granted is section 37(1) of the Senior Courts Act 1981, which provides that the court has the power to grant interim as well as final injunctions if it is ‘just and convenient’ to do so. An interim anti-suit injunction claimed under section 37(1) of the Senior Courts Act 1981 should in general be sought within the framework of pre-existing substantive proceedings brought by claim form.
Introduction
Authors: Secomb Matthew 
Published: August 2024

Abstract
This introductory chapter provides an overview of the role of interest in international arbitration. Interest has three key facets: the rate at which interest accrues; the way interest is calculated (simple or compound); and the period over which interest is calculated. These three facets apply equally to commercial instruments and interest on arbitral awards. As such, any award granting interest must decide on these three issues to enable the parties to calculate the interest payable. Arbitral awards have taken different approaches when deciding questions relating to interest. Some arbitrators approach interest as a purely legal question. They determine a national law through a conflict of laws approach and then apply that law to interest. In other awards, arbitrators have decided that they are free to determine what interest is reasonable.
Italy
Authors: Rubino-Sammartano Mauro , Rubino-Sammartano Ruggero 
Published: August 2024

Abstract
This chapter discusses the arbitration system of Italy. It first provides a historical background on Italy’s arbitration law and an overview of the current status of the law before explaining the distinction between national and international arbitration, along with the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, focusing on 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 constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators) is also examined, along with the arbitral procedure, the process of rendering the arbitral award, and the question of liability of arbitrators. The chapter concludes with an analysis of procedures for enforcement of national and foreign awards in Italy.
SME and Risk Finance Aid
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter considers the application of State aid law in general to small and medium-sized enterprises (SMEs), including in particular the issue of SMEs’ access to finance. The chapter begins by considering the situations in which SME support may give rise to aid within the meaning of Article 107(1). The scope of and conditions for the SME exemptions in the GBER are then discussed, and the different types of exempt aid are outlined. The chapter goes on to discuss the application of the Risk Finance Guidelines, which are targeted mainly at SMEs but may sometimes apply to larger undertakings. The direct authorisation of State aid to SMEs (including risk finance aid) under Article 107(2) and (3) TFEU is then addressed. The chapter concludes with a discussion of the application of Articles 107 and 108 TFEU to short-term export credit insurance.
Supervision by the Commission
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter deals with the procedures by which the Commission assesses the existence of and compatibility of aid. It sets out the legislative framework for Commission decision-making, including Article 108 and the Procedural and Implementing Regulations, and explains Member State notification requirements including the distinction between new and existing aid. There is then a detailed discussion of the simplified procedure, preliminary review procedure, and the formal investigation procedure, as well as the specific procedures applicable to unlawful and misused aid. The particular rules for existing aid and sector inquiries are also discussed. The final sections of this chapter deal with evaluation, monitoring, and compliance requirements and the role of the European Ombudsman in the State aid field.
Corporate Governance of Financial Institution
Authors: Binder Jens-Hinrich 
Published: August 2024

Abstract
This chapter examines the case for cross-sectoral regulation of governance arrangements in financial institutions. Governance-related regulation of banks, investment firms, asset managers, and pension funds in Europe has taken the form of a rather intricate mix of sectoral and cross-sectoral approaches. The most comprehensive set of regulations is to be found in the CRD IV, the current version of the prudential Capital Requirements Directive, which applies in relation to banks as well as investment firms. Meanwhile, the relevant requirements for asset managers are to be found mainly in the revised regime for the regulation of Undertakings for Collective Investment in Transferable Securities (UCITS). Lastly, pension funds have been regulated separately within Europe, beginning with the first Directive on the activities and supervision of institutions for occupational retirement provision in 2003, now recast as Directive 2016/2341.
The Governance of Banks and the Requirement of Resolvability
Authors: Bierens Bart 
Published: August 2024

Abstract
This chapter looks at corporate governance of banks. Banks within the European Economic Area (EEA) are subject to the Capital Requirements Directive (CRD IV), which contains provisions on the composition of the board, the quality requirements imposed on executive directors and supervisory directors, the integrity of business operations, and the structure of the group. Banks also have to meet the objectives of the Bank Recovery and Resolution Directive (BRRD), including the overarching requirement to become and remain ‘resolvable’. A bank is resolvable if its balance sheet can be restructured effectively in order to protect the continuity of critical functions, avoiding any significant adverse effect on the financial system and without the support of public funds. The chapter then analyses the resolvability requirement from an EU perspective and explores the impact it will have on the structure and governance of systemically important banks.
The Emergence of the ALP
Authors: Collier Richard S , Andrus Joseph L 
Published: August 2024

Abstract
This chapter looks at how attempts to reduce the incidence of double taxation eventually gave way to the emergence of the ALP. Double taxation involved the simultaneous taxation of the same income or profits by at least two states. Here, the early discussion was dominated by whether, in an effort to prevent double taxation, taxing rights should be allocated only to the headquarters state or whether, and to what extent, taxing rights might also be granted to the ‘source’ state in which specific items of income might arise or be generated. The discussion, as the chapter shows, eventually proceeded to the division of profits. The ALP was then introduced to ensure that, for tax purposes, there was no diversion of profits resulting from any manipulation of the financial relations between parent and subsidiary companies.
Practical Application of the Arm’s Length Principle
Authors: Collier Richard S , Andrus Joseph L 
Published: August 2024

Abstract
This chapter provides a general summary of transfer pricing practices prior to the Base Erosion and Profit Shifting (BEPS) Project. The summary is based primarily on the principles and concepts contained in the 2010 version of the Organisation for Economic Co-operation and Development (OECD) Transfer Pricing Guidelines and in the 2013 UN Manual. The chapter first describes the general process of conducting a transfer pricing analysis. Thereafter, the application of that process in two especially difficult situations, those involving intangibles and services, is examined. The chapter then describes the current application of the ALP to permanent establishments (PEs). Finally, this chapter concludes with some comments on the prevalence of disputes relating to the ALP.
Applicable Law
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter considers the laws that are applicable to expropriation in investment treaty arbitration, including international law. It begins with a discussion of the local law of the host State on expropriation, which offers constitutional protections with regard to property rights, the circumstances in which expropriation is permissible and the payment of compensation. It then examines the role of international law in bilateral investment treaties (BITs) ad other international treaties such as NAFTA and ECT, along with the ICSID Convention that includes a mechanism allowing the arbitral tribunal to decide which law will apply to an investment dispute. It also explains how investment treaty arbitration is initiated under a combination of treaties as well as the option available to foreign investors to institute ad hoc UNCITRAL arbitration. The chapter cites a number of relevant international cases that illustrate which law should apply to expropriation in investment treaty arbitration.
Legal Framework to Govern Electronic Transport Documents
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter addresses the legal framework to govern electronic transport documents. It examines the extent to which these documents' functions can be replicated electronically under current laws. As far as English law is concerned, because the legislation covering transport documentation was not designed to cater for electronic alternatives, much uncertainty remains within national law that needs to be addressed contractually by the parties seeking to make use of these alternatives. Meanwhile, various standards and principles have begun to be established and are reflected in the laws of some other jurisdictions—particularly the United States as well as in certain international instruments—which can provide a basic legal framework to govern these alternatives.
Electronic Systems for the Issue and Transfer of Rights Over Goods in Transit
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter examines electronic systems set up for the issue and transfer of carriage documents. The main requirements that must be fulfilled by electronic systems for the issue and transfer of rights over goods in transit are an assurance of singularity, together with the ability to grant “exclusive control” over an electronic record to a single person—that is, of ensuring that the rights represented by such electronic record can be conveyed to one person only and ensuring that it would not be possible for more than one person at any point in time to lay claim to these rights. According to the type of transport document that it is meant to replace, the system may or may not need to allow for exclusive control to be transferred after it has been issued.
Article 5: Party-Appointed Experts
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
The IBA Rules provide for the use of both party- and tribunal-appointed experts. This chapter describes Article 5 of the IBA Rules. Article 5, supplemented by Article 8, dealing with oral testimony at the evidentiary hearing, provides a comprehensive framework for use and management of evidence from party-appointed experts. Although Article 5 is self-contained, it should be considered in conjunction with Article 6, which deals with tribunal-appointed experts. This chapter considers the required content of a report prepared by a party-appointed expert. It also deals with the question of whether a party may file expert evidence without permission of the tribunal as well as other issues that may arise in connection with party-appointed experts.
Article 6: Tribunal-Appointed Experts
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This chapter explores Article 6 of the IBA Rules, which addresses the use of tribunal-appointed experts and covers the appointment and terms of reference of a tribunal-appointed expert, a party’s right to object to the appointment, the content of the expert’s report, the parties’ right of response to the expert evidence, and the right to examine the expert at the evidentiary hearing. Article 6 also contains checks and balances designed to ensure that the tribunal does not delegate its decision-making function to the expert and that the parties have a proper opportunity to make representations on the choice of tribunal-appointed expert, and to examine and comment on the evidence presented by that expert.
Trading and Settlement
Authors: van Setten Lodewijk 
Published: August 2024

Abstract
This chapter discusses the common organisational and structural aspects of trading venues, the responsibility of investment firms that execute trades, and the operation of settlement systems. In particular, it examines those protective features that mitigate settlement finality risks, that is, the risk that a settlement may not become final due to adverse claims or insolvency. The chapter first considers the relevant provisions of Markets in Financial Instruments Directive (MiFID) II regarding trading venues and trading obligations before describing the structure of settlement cycles, with a focus on how a cash (credit) transfer and a book-entry securities (credit) transfer operate. It then explains the importance of settlement finality and compares adverse claims sourced in law or equity with adverse claims sourced in the Insolvency Act 1986. Finally, it analyses the provisions of the Settlement Finality Directive for the protection of payment and settlement systems from participant insolvency.