bluuebunny/crossref_metadata_2025_split huggingface dataset:
International Child Abduction—Chapter III of the Regulation
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter explains the expansion of the international child abduction article in the Brussels IIb Regulation. It starts with the scheme of the 1980 Hague Abduction Convention that aims to secure the prompt return of children under the age of sixteen who have been wrongfully removed or retained in a Contracting State. According to the European Court of Human Rights (ECtHR), the failure to act speedily to ensure the return of the child is a breach of the right to family life of the parent left behind. The chapter looks into the application of the Abduction Convention and the Brussels IIb Regulation under the notion of international child abduction. It also elaborates on Chapter III articles featuring child abduction of the Brussels IIb Regulation.
Relations with Other International Instruments
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter explains how Brussels IIb Regulation formed part of a complex network of instruments applicable in the field of private international law of the family. The Brussels IIb Regulation follows the pattern adopted in the other EU regulations by overriding or taking precedence over international conventions insofar concluded among the Member States. The chapter elaborates on the correlation of EU regulations with the 1980 Hague Abduction Convention and the 1996 Hague Child Protection Convention. According to Article 98, agreements and conventions referred to in Articles 94 to 97 shall continue to have effect concerning matters not governed by this Regulation. The chapter also covers treaties with the Holy See and other existing bilateral conventions with third countries.
Predictability
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter reviews comparatively the predictability of contracts, especially the role of codification, binding judicial precedent, and the doctrine internationally of good faith in contract, especially in England, New York, France, and Germany, and other main jurisdictions. It reviews the good faith doctrine comparatively in relation to contract terminations, heads of terms, pre-contract disclosure, hardship clauses, and other cases. It discusses the application of the doctrine of good faith internationally to consents and discretions of one party to a contract, a contract to to negotiate in good faith, and the filling-in of inadequate contracts to give them business efficacy. It reviews the reasons that English and New York courts do not usually override the express terms of contracts by reason of the good faith doctrine, but the courts of France and Germany may do so.
Courts, Litigation, and Arbitration
Authors: Wood Philip R 
Published: August 2024

Abstract
This chapter reviews the important characteristics of the judiciary of a jurisdiction, including business orientation, risks involved in the choice of courts, the reasons for a particular choice of courts, and some key indicators of litigation, including US litigation, as well as class actions and discovery of documents. It discusses pre-judgment freezes, the enforcement of foreign judgments, sovereign immunity, and the advantages and disadvantages of arbitration. Parties are generally able to choose the jurisdiction to hear disputes on their contract. A choice of courts to back up the choice of governing law is crucial for a number of reasons, including to benefit from the predictability approach in interpretation of contracts; to coincide the choice of courts with the governing law; to benefit from the commerciality, business orientation, and expertise of the chosen courts; to benefit from their favourable conflict of laws rules of the chosen court; to improve the insulation from foreign laws; and to avoid adverse mandatory rules of the forum.
Background and Introduction to the Regulation
Authors: Dickinson Andrew 
Published: August 2024

Abstract
This chapter presents the background and introduction to Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast) that was adopted on 12 December 2012. Topics covered include a review of the original Brussels I Regulation; publication of the Commission’s Proposal to Recast the Brussels I Regulation on 14 December 2010; the legislative process; amendment of the Recast Regulation in relation to the European Patent Court; comparison of the 2001 and Recast Regulations; approach to interpretation; the Regulation’s relationship with other instruments; the Regulation’s relationship with national law and procedure; fundamental rights and freedoms; and the Brussels I Regulation and third states.
Exclusive Jurisdiction
Authors: Lehmann Matthias 
Published: August 2024

Abstract
This chapter discusses Art 24 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 the exclusive jurisdiction of courts of a Member State. It covers exclusive jurisdiction relating to immovable property, companies, entries in public registers, intellectual property rights, and enforcement of judgments.
Prorogation of Jurisdiction
Authors: Garcimartín Francisco 
Published: August 2024

Abstract
This chapter discusses Arts 25 and 26 that comprise Section 7 (‘Prorogation of jurisdiction’) of Chapter II on the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). The former deals with submission by an ex ante agreement, the latter deals with submission by appearance.
General Provisions
Authors: George Martin , Fitchen Jonathan , Ancel Marie-Elodie 
Published: August 2024

Abstract
This chapter discusses Arts 61-65 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 abolition of legalization requirements, the concept of domicile, legal representation before criminal courts, and third-party notices.
Introduction
Authors: Raphael Thomas 
Published: August 2024

Abstract
This introductory chapter provides an overview of anti-suit injunctions. An anti-suit injunction, in its most typical form, orders a party to cease to pursue, or not to commence, court proceedings abroad. It is backed by the threat of punishment for contempt of court if it is not obeyed. It is little surprise that it is one of the most controversial and contested remedies in the court's armoury. Anti-suit injunctions have been criticized, especially by authors and judges from civil law systems, where anti-suit injunctions are largely although not entirely unfamiliar. It has been argued that they are irreconcilable with international comity and public international law, and amount to an unjustifiable interference with the sovereignty of the foreign state and the jurisdiction of the foreign court. Yet there should be little doubt about the power of the remedy as a practical tool. The chapter then looks at anti-suit injunctions in other legal systems.
Injunctions in Relation to Proceedings in England and Wales
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter examines the power of granting injunctions in relation to English proceedings. Injunctions to restrain the pursuit of court proceedings within the jurisdiction were granted with some frequency in the immediate aftermath of the Judicature Acts. However, in modern times, the practice has become rare, with the exception of the special case of injunctions in the context of insolvency. Nevertheless, the power to grant anti-suit injunctions in respect of English proceedings continues to exist and can be exercised in appropriate situations. The power to restrain proceedings before another court or an arbitration tribunal in England by injunction appears to be exercised under section 37(1) of the Supreme Court Act 1981. In certain cases, the injunction has been viewed as granted under the court's ‘inherent jurisdiction’ to prevent an abuse of its process, but it is suggested this is an unnecessary complication.
Strong Reasons and Discretion
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter addresses the application of two key aspects of the Angelic Grace principles: the concept of ‘strong reasons’ not to enforce an exclusive forum clause, and the operation of the Court's discretion. These two concepts overlap. The binding force of an exclusive forum clause shapes and changes the exercise of the court's discretion. The exclusive forum clause will ‘ordinarily’ be enforced by anti-suit injunction unless there are ‘strong reasons’ not to do so. However, the anti-suit injunction remains a discretionary remedy. Further, according to the current case law, it seems that the requirement of ‘strong reasons’ does not govern all discretionary factors. The chapter then considers the cases which, applying The Angelic Grace, have developed and applied principles governing ‘strong reasons’, and shaping the court's discretion more generally, in relation to anti-suit injunctions in contractual situations.
Quasi-Contractual Anti-Suit Injunctions
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter assesses quasi-contractual anti-suit injunctions. The term ‘quasi-contractual’ refers to anti-suit injunctions which are granted where the injunction defendant may not fully be party to and bound by a contractual forum clause as a matter of contract law, but should nevertheless be required to comply with the effect of the clause, ‘as if’ the injunction was contractual. There are two types of case where quasi-contractual injunctions may be granted: third party situations and cases where the injunction claimant himself denies that the exclusive forum clause is binding. There is a variety of rules under which a third party can become, or be deemed to become, an actual contracting party who acquires the burden together with the benefit of the contract. Moreover, a third party may obtain derived rights under or in respect of a contract without becoming party to the contract.
Anti-Suit Injunctions and European Jurisdictional Law
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter studies the relationship between anti-suit injunctions and European law as matters stand pre-Brexit, and on the working assumption that the European jurisdictional instruments will continue to operate in similar form between the UK and the EU states for at least some time after Brexit. A collision between the common law approach to anti-suit injunctions and the rigid jurisdictional rules of the Brussels–Lugano regime was inevitable from the moment of the UK's accession to the Brussels Convention, and its implementation by the Civil Jurisdiction and Judgments Act 1982. The English courts saw no incompatibility between the grant of an anti-suit injunction and the United Kingdom's obligations under the Brussels–Lugano regime, although there was a lack of reasoning as to why this was so.
Claims for Damages
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter focuses on claims for damages. Damages are, in general, an inadequate remedy for breach of an exclusive forum clause. Where proceedings have been brought in breach of an exclusive forum clause, the innocent party is entitled to recover damages for any sufficiently proximate losses caused by the breach, except where this is precluded by public policy. However, there are uncertainties which have not yet been fully clarified in relation to what can amount to a breach, what kinds of losses are sufficiently proximate, and what the relevant rules of public policy should be. Two main categories of loss need to be considered, namely legal costs and legal liabilities. The chapter then considers the three possible routes for awarding damages in respect of losses suffered as a result of supposedly ‘wrongful’ foreign proceedings which are not in breach of contract.
Jurisdiction under the Common Law Rules
Authors: Raphael Thomas 
Published: August 2024

Abstract
This chapter looks at jurisdiction under the common law rules. The ‘common law’ rules of jurisdiction apply where the subject matter of the proceedings is outside the material scope of the Brussels–Lugano regime, and also, through Article 6 of the Brussels I Recast, where the defendant is domiciled outside the Brussels–Lugano zone. Jurisdiction under the common law rules is based on service of originating process on the defendant. However, at common law, proceedings can only be served within ‘the jurisdiction’, that is England and Wales, unless there is statutory authority permitting service out of the jurisdiction. The common law rules of jurisdiction therefore consist, in essence, of the rules by which service may be effected within the jurisdiction; and the rules which give the Court power to grant permission to serve proceedings out of the jurisdiction.
Belgium
Authors: Verbist Herman , van Houtte Hans 
Published: August 2024

Abstract
This chapter deals with the arbitration system of Belgium, starting with a short historical background on the country’s arbitration law and an overview of the current status of the law. It then explains the distinction between national and international arbitration, the practice of arbitration in Belgium, and the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself (eg arbitration clauses and submission agreements, requirements as to the contents of the arbitration agreement); arbitrability (‘personal arbitrability’, ‘objective arbitrability’); and decision on the arbitral tribunal’s jurisdiction (competence-competence). The chapter also examines the constitution of the arbitral tribunal (eg number and qualification of arbitrators, appointment of arbitrators); arbitral procedure (eg determination of the place of arbitration; procedural rules on witnesses and experts); deliberations and agreement on the arbitral award; and the question of liability of arbitrators. Finally, the enforcement rules for national awards versus foreign awards are analysed.
People’s Republic of China and Hong Kong
Authors: Yeoh Friven , Ang Desmond 
Published: August 2024

Abstract
This chapter provides an overview of the arbitration system of the People’s Republic of China (PRC) and Hong Kong, first by tracing the history of the arbitration law in both countries and then discussing the current status of the law. It also explains the distinction between national and international arbitration, the practice of arbitration in PRC and Hong Kong, and the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself, focusing on arbitration clauses and submission agreements as well as the law applicable to the interpretation of arbitration clauses. The chapter goes on to analyse arbitrability, decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), the constitution of the arbitral tribunal (eg, appointment of arbitrators), the arbitral procedure, deliberations on the arbitral award, form of award and deposition, and the question of liability of arbitrators. Finally, the enforcement rules for national awards and foreign awards are examined.
Sweden
Authors: Oldenstam Robin , von Pachelbel Johann 
Published: August 2024

Abstract
This chapter discusses the arbitration system of Sweden. It first traces the history of arbitration law in Sweden before analysing the current status of the law, the distinction between national and international arbitration, and the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, focusing on the arbitration agreement itself (eg, requirements as to the contents of the agreement, applicable law with regard to the interpretation of arbitration clauses), the issue of arbitrability in the context of international arbitration (‘personal arbitrability’, ‘objective arbitrability’), and termination of an arbitration agreement by a party. The chapter also examines the composition and appointment of the arbitral tribunal, extent of party autonomy to determine the arbitral procedure, how the arbitral award is determined and rendered, and the question of liability of arbitrators. Finally, it analyses the enforcement of national and foreign awards in Sweden.
Switzerland
Authors: Karrer Pierre A 
Published: August 2024

Abstract
This chapter examines the arbitration system of Switzerland. It begins with a discussion of the history of arbitration law in Switzerland, the current status of the law, the distinction between national and international arbitration, and the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, with particular emphasis on the arbitration agreement itself (eg, arbitration clause and submission agreement, binding effect of an arbitration clause on third parties), the issue of arbitrability in the context of international arbitration, and decision on the arbitral tribunal’s jurisdiction (‘competence–competence’). The chapter also looks at the composition of the arbitral tribunal, and especially how arbitrators are appointed and replaced, as well as the general principles of the arbitral procedure, types of arbitral awards rendered, and the question of liability of arbitrators. Finally, it analyses the enforcement of national and foreign awards in Switzerland.
The General Block Exemption Regulation
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter gives an outline of the scope of the General Block Exemption Regulation (GBER), and sets out the common conditions and procedural provisions that are applicable to all types of aid covered by the GBER by way of introduction to subsequent chapters which consider the detailed GBER provisions applicable to different types of aid. Common conditions such as general and sectoral exclusions, aid thresholds, evaluation plans and the transparency requirement are discussed, as well as the procedural provisions for publication, reporting and monitoring of State aid that is granted under the GBER.
Training and Employment Aid
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter discusses the application of the State aid rules to training and employment support measures. It considers the situations in which State support for training and employment will fall outside the definition of aid under Article 107(1), and the application of the General Block Exemption Regulation (GBER) to support measures that do fall within the definition of State aid, including discussion of particular types of aid such as training aid and aid for disadvantaged and workers with disabilities. The chapter concludes with a discussion of aid falling outside the scope of the GBER which may nevertheless be authorised under Article 107(3) and the application of the Commission’s Training and Employment Communications in such situations.
Financial Services
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter deals with the State aid rules applicable to financial services. It begins with a historical account of the situation regarding State aid rules in this sector before, during and after the financial crisis, and provides an outline of the Crisis Framework and Banking Union mechanisms. After a discussion of specific issues regarding the existence and quantification of support for financial services undertakings, the chapter deals with the compatibility of crisis aid under the Crisis Framework Communications and Banking Union legislation. The chapter concludes with a discussion of specific procedural issues arising in relation to financial services aid, including the use of monitoring and divestiture trustees and the implementation of restructuring commitments.
Overview
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter provides an overview of expropriation and how it is applied in investment treaty arbitration. It first considers the concept of expropriation under customary international law and its relevance today as bilateral investment treaties (BITs) continue to proliferate, along with regional and multilateral agreements such as the 1981 OIC Agreement, the 1992 North America Free Trade Agreement (NAFTA), the 1994 Energy Charter Treaty (ECT), the 2006 Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR), and the 2009 ASEAN Comprehensive Investment Agreement. The chapter also traces the historical evolution of expropriation in international law, from the UN General Assembly Resolutions of the 1960s and 1970s to the emergence of international investment treaties as an influential factor in the formation of customary international law.
Creeping Expropriation
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter focuses on creeping expropriation, a form of indirect expropriation which often manifests itself in cases of regulatory, contractual and judicial expropriation. There are two main points to consider in instances of creeping expropriations in investment treaty arbitration: first, the measures in the chain of events which are said to constitute the expropriation, and second, the final act or omission which crystalises the taking (that is, the measure that becomes the ‘final straw’). The chapter discusses several cases of creeping expropriation, including three handled by the Iran–US Tribunal: Phelps Dodge Corp v Islamic Republic of Iran, Amoco International Finance Corporation v Islamic Republic of Iran, and Phillips Petroleum Company v Islamic Republic of Iran. Investment treaty tribunals have also recognised the concept of creeping expropriation in cases such as Waste Management, Inc. v. United Mexican States and Generation Ukraine v. Ukraine.
Electronic Systems for Cargo Insurance
Authors: Goldby Miriam 
Published: August 2024

Abstract
This concluding chapter examines electronic systems set up for the issue and transfer of cargo insurance documents. The availability of electronic services and solutions in this field has progressed rapidly in recent years, with the introduction of electronic infrastructures and messaging platforms. Nevertheless, although the use of electronic communications for certain aspects of the insurance business has increased dramatically, some practical barriers remain, such that a full transition to electronic media has not yet occurred. The chapter then considers these practical barriers in the context of placing, issuing evidence of cover, and claims processes. The barriers in the placing process include cultural resistance; unequal progress being made by different participants in the market in establishing and refining systems for electronic communication; the need for the electronic processes to mirror and integrate with existing practices; and finally the costs involved in innovating.
Equitable Compensation for Breach of Trust
Authors: Clarry Daniel 
Published: August 2024

Abstract
This chapter deals with ‘equitable compensation’ for breach of trust — one of the central areas of judicial intervention in trust administration that is dependent upon, and responsive to, a breach of trust. The Court will not allow a trust to fail for maladministration, arguing that a trust cannot be reduced to a principle of ‘pay or perform’. The principles that justify and unify the supervisory jurisdiction over trust administration in facilitating the ongoing performance of trusts as their central focus permeate through the judicial function in fixing liability to compensate for breach of trust and the restoration of trust property, so that a trust can continue to be performed above and beyond breach of trust or maladministration.