bluuebunny/crossref_metadata_2025_split huggingface dataset:
Judgments Recognition in the Absence of the Judgments Convention
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter notes the recognition and enforcement of judgments in the absence of the Hague Judgment Convention. The recognition and enforcement of judgments from the other States' courts involve the recognition of a sovereign judicial act of one State by the sovereign judicial system of another State and the respect for the foreign legal system. Despite the significance of judgment recognition in a domestic legal system, only a limited number of multilateral legal instruments existed that covered the law of cross-border judgment recognition. The chapter explains the Hague Conference on Private International Law’s history of efforts to adopt a successful convention on the recognition and enforcement of foreign judgments. It also looks into the basic types of national law approaches to judgment recognition.
Interpretation
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter explores the methods, approaches, and considerations that guided the interpretation of each of the specific provisions of the Convention. Extra-textual sources and canons of interpretation generally are consulted or referenced only if the text itself does not provide an answer. Moreover, the text of any provision could be supported by a variety of different rationales. The chapter cites how interpretation is rooted in the nature and process of approval of the Convention text. The text is the culmination of a consensus process that resulted in an instrument that, once in force, will impose legal obligations on Contracting States by way of a lock-and-key model of judicial cooperation. The chapter also considers the sources of law in interpreting the Convention text.
Scope and Definitions (Articles 1–3)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter provides an overview of the commentary regarding the scope and definitions of Articles 1–3 of the Hague Convention. The basic structure of the scope provisions of the Convention begins in Article 1(1) with a scope of application to judgments in civil or commercial matters. Article 2 then proceeds to list matters to which the Convention does not apply and provide further clarifications and amplifications on the scope. Article 3, amongst other things, deploys a broad definition of the fundamental scope of the term judgment. The chapter cites that the articles reflect the basic characteristic of the Convention text of being a highly coordinated and interconnected web. It also considers the other provisions that may affect scope.
Additional Provisions Relating to the Recognition and Enforcement Obligation (Articles 7–15)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter covers the additional provision relating to the recognition and enforcement obligation of the Hague Convention. It starts with a brief overview of Chapter II’s regulation of recognition and enforcement of judgments within the scope of the Convention. Article 8 addresses the status of certain judgments that may contain content outside of the scope of the Convention, while Article 9 provides a severability rule. The chapter also details the functions and features of the Convention’s Articles 10–14. It explains how Article 15 preserves the ability of Contracting States to recognize or enforce judgments under their national law.
Equity-Based Partnership Contracts
Authors: Ullah Ikram 
Published: June 2024

Abstract
This chapter covers the concept of sharika or mushāraka, which is effectively an equity-based partnership predicated on a contractual relationship. It explains the three categories of sharika: sharikat-al-ibāḥa, sharikat-al-milk (co-ownership), and sharikat-al-ʿaqd (partnership). Sharikat-al-ibāḥa primarily refers to the common right of the people in ownership by acquisition or gathering of things that are mubāḥ (permissible for such acquisition) and which are not originally owned by anyone. The chapter also looks into the justification, conditions, types, and elements of muḍārab, wherein one partner contributes capital and the other supplies the labour. It elaborates on how the basis for the muḍāraba partnership revolves around offer and acceptance.
Damages and Other Remedies
Authors: Bantekas Ilias , Ercanbrack Jonathan G , Oseni Umar A , Ullah Ikram 
Published: June 2024

Abstract
This chapter covers the availability of remedies of options (Khiyār), damages (ḍamān), and specific performance under Islamic law. It considers options as remedies as they save a party from suffering harm arising from the conduct of another party. Moreover, damān arises from the contract against a party that violates the precise conditions thereof as well as those implied by custom (uʿrf). After the conclusion of the contract of sale, the delivery of the subject matter and thaman are the iltezāmāt (obligations) of the seller and delivery respectively. The chapter then explains that a remedy of specific performance is required for the enforcement of an agreement to sell in which the parties agree to conclude a sale contract over a subject matter in the future.
The Application of Islamic Contract Law in Muslim-Majority Jurisdictions
Authors: Ercanbrack Jonathan G 
Published: June 2024

Abstract
This chapter looks into the application of Islamic contract law in Muslim majority jurisdictions. It focuses on the case study of the United Arab Emirates (UAE) with regards to applying the contractual rules of the sharīʿa reflects the legal, historical, and religious influences of the region, and the social desire to modernize and participate in the global economy. The UAE Civil Code houses most of the country’s contract law doctrine, which is indisputably influenced by the sharīʿa. The chapter discusses the correlation between the Egyptian Civil Code and the UAE Civil Code. It also elaborates on the Commercial Transactions Law that featured the Commercial Code of 1993.
Minority Shareholders
Authors: Joffe KC Victor , Drake David , Richardson KC Giles , Lightman KC Daniel , Collingwood KC Tim , Elias Thomas , Bryan Zahler 
Published: June 2024

Abstract
This authoritative work, now in its seventh edition, is the most detailed reference source on the law relating to minority shareholders. As more and more legal emphasis is put on corporate governance, and as the influence of shareholder activism continues to grow, this book is the leading resource for practitioners requiring up-to-date, detailed information on the rights and remedies available to minority shareholders. The book provides detailed and incisive coverage of section 994 petitions, derivative claims, just and equitable winding-up petitions, and the foreign aspects of shareholder disputes, as well as shareholders' personal claims against companies and the rights conferred on them by the Companies Act 2006. The seventh edition examines all significant recent case law from the UK, including Sevilleja v Marex Financial Ltd on reflective loss, and Loveridge v Loveridge, Re Westshield Ltd, and UTB plc v Sheffield Utd on unfair prejudice. The work also considers case law from courts of other jurisdictions with analogous shareholder provisions, in particular Hong Kong, Singapore, and the Caribbean.
Unfair Prejudice
Authors: Joffe Victor , Collingwood Timothy 
Published: June 2024

Abstract
This chapter deals with the substantive law governing what constitutes unfair prejudice of the kind sufficient to merit relief under s 994 of the Companies Act 2006 (CA 2006). It highlights s 994 which requires a petitioner to establish that the acts or omissions of which they complain consist of the management of the affairs of the company and has caused prejudice to their interests as a member of the company. It also describes the two classes of person that may present a petition: members and those to whom shares have been transferred or transmitted by operation of law. The chapter explains the meaning of unfair prejudice, and the concept of ‘quasi-partnership’ and equitable considerations in relation to unfair prejudice.
Interface with Other Dispute Resolution Forums
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter considers how arbitration may interface with other dispute resolution fora. The first part of this chapter begins with a discussion of the interplay between mediation, negotiation, and arbitration. It addresses topics such as the Singapore Convention on Mediation; mediation and negotiation as a precondition to arbitration; and the use of mediation and negotiation during the arbitral process. The second part of this chapter discusses judicial intervention in arbitration, and in particular the recent development of the Singapore International Commercial Court. The third part of this chapter discusses the significance of expert determination, which is enforceable in Singapore if so agreed between the parties.
Interpretation of Part II of the Act
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter examines Section 2 of the IAA, which contains definitions relating to the interpretation of Part II of the IAA. This chapter discusses the definitions and interpretations of the terms “arbitral tribunal”, “appointing authority”, “arbitration agreement”, “award”, “Model Law”, and “party” as set out in Section 2 of the IAA, with reference to relevant case law. This chapter also examines how amendments to Section 2 were made to reflect developments in international arbitration, such as the amendments in 2012 to include emergency arbitrators as part of the definition of “arbitral tribunal”, and amendments to the definition of “arbitration agreement” in line with the 2006 updates to the Model Law.
Arbitration Agreements
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter discusses the validity and construction of an arbitration agreement, with reference to Section 2A of the IAA. It begins with an overview of arbitration agreements, including a discussion on the separability principle and the law governing the arbitration agreement. It then examines the principles applicable to determining the validity and construction of arbitration agreements, including the pro-validation approach that the Singapore courts take to these issues. The chapter then proceeds to examine the specific provisions in Section 2A of the IAA. It discusses the expansive definition of an arbitration agreement in Section 2A(1) and 2A(2), including the validity of an arbitration agreement where the existence of the agreement is in dispute, as well as optional or asymmetric arbitration agreements. It explains the writing requirement for arbitration agreements in Sections 2A(3), 2A(4), and 2A(5). It also discusses the waiver or estoppel provision set out in Section 2A(6), and the provision for incorporation by reference in Sections 2A(7) and 2A(8).
Stay of Court Proceedings in Favour of Arbitration
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter examines stay of court proceedings in favour of arbitration. Where litigation is commenced in Singapore courts, Section 6 of the IAA allows any other party to the arbitration agreement to seek a stay of the court proceedings on the basis that the dispute falls within the scope of an arbitration agreement. The chapter begins by introducing key principles that apply to stay of court proceedings, including the mandatory nature of the stay under Section 6; the parties’ respective burdens of proof in an application for a stay; the prima facie standard of review that will apply in an application for a stay; and other remedies available to the parties (apart from a stay) for breach of an arbitration agreement. It then discusses the requirements for obtaining a stay of court proceedings as set out in Section 6(1) of the IAA, including: the existence of a valid arbitration agreement; the requirement that the applicant be a party to the arbitration agreement; the timing of a stay application; and the requirement that the subject matter falls within the scope of the arbitration agreement. Section 6(2) provides that a stay of court proceedings must be made unless the Court finds that an arbitration agreement is “null and void, inoperative or incapable of being performed”, and the chapter discusses how this proviso has been interpreted. Finally, the chapter also discusses other orders that a court may make in a stay application, including a case management stay.
Setting Aside an Award
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter examines the setting aside of arbitral awards under Section 24 of the IAA and Article 34 of the Model Law. Setting aside, also known as annulment, refers to the means of challenging arbitral awards before courts at the seat of arbitration. The chapter begins with a discussion of the scope of a setting aside action and other cross-cutting issues, including: the difference between setting aside actions and other types of challenges to a tribunal’s award; agreements to limit or waive grounds for setting aside; the time limit within which to apply for setting aside; the court’s powers to remit or suspend an award in an action for setting aside; correction and interpretation of the award; rendering of additional awards; and costs issues in setting aside applications. The chapter then examines each of the grounds for setting aside, namely: incapacity of a party or invalidity of the arbitration agreement; lack of proper notice of appointment or inability to present case; excess of authority or jurisdiction; non-compliance with agreement of the parties or the Model Law; non-arbitrability; conflict with the public policy of Singapore; fraud or corruption; and breach of the rules of natural justice.
Immunities of Arbitrators, Appointing Authorities and Arbitral Institutions
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter examines the immunities of arbitrators, appointing authorities, and arbitral institutions with reference to Sections 25 and 25A of the IAA. Section 25(a) provides that arbitrators are immune from liability for negligence, and Section 25(b) further provides that any mistakes in law, fact, or procedure in the course of arbitral proceedings, or in the course of the making of an award, cannot found any claim against an arbitrator. However, immunity under Section 25 does not extend to cases where an arbitrator has wilfully misconducted himself or cases of gross negligence. The chapter also discusses the immunity of arbitral institutions or appointing authorities, in respect of the appointment or nomination of arbitrators, under Section 25A.
Jurisdictional Issues in Relation to European Union Rights
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter explains the jurisdictional rules concerning the infringement of European Union intellectual property rights and other disputes related to such rights. It demonstrates that the rights in question concern trade marks, designs, patents, and plant variety rights. The most developed jurisdictional rules are to be found in the area of European Union trade marks, which became the model for designs. Jurisdictional issues arise in a multitude of ways, such as obvious actions for infringement and validity and disputes about the creation or ownership of trade marks. The chapter then details the substantive law background and jurisdictional provisions of trade marks, designs, patents, and plant variety rights.
Choice of Law Elements in the Intellectual Property Conventions
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter discusses the choice of law elements in intellectual property conventions. It highlights how intellectual property rights have been regulated internationally by numerous conventions. However, the conventions do not address the issue straightforwardly, so they do not contain any specific and complete choice of law rules. The chapter then details the qualification rules of the Berne Convention 1886, Rome Convention 1961, Paris Convention for the Protection of Industrial Property 1883, and Agreement on Trade-related Aspects of Intellectual Property Rights. It acknowledges how the identification of the law of the protecting country can cause problems when cooperation agreements concerning the international application, examination, and registration process apply.
Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter covers contracts in relation to the exploitation of intellectual property rights in correlation with the applicable law. These contracts take various forms like licences, assignments, distribution contracts, and technology agreements that involve more than a simple transfer of intellectual property rights. Regardless of the type of contract, any transfer can be subjected to restrictions of time and scope, so it is submitted that the transfer is the essential point. The chapter elaborates on contractual issues disguised from other issues such as industrial property rights and copyright. It then details the application of the Rome Convention 1980 and Rome I Regulation.
Recognition and Enforcement of Foreign Judgments Relating to Intellectual Property
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter discusses the recognition and enforcement of foreign judgments relating to intellectual property. It notes the recognition and enforcement under the European Union/European Free Trade Association rules and under the traditional English rules. The problems that arise in intellectual property cases range from the close link between intellectual property rights and competition law to the recognition and enforcement of foreign interim orders. The chapter also looks into the enforcement of foreign judgments by statutes and decisions in relation to supranational or semi-supranational rights. Even though the provisions on recognition and enforcement do not create immense problems, reforms are needed concerning non-compensatory damages and worldwide injunctions.
Introduction
Authors: Marshall Brooke 
Published: June 2024

Abstract
This Chapter details the rationale for the book, and sets out its aims, overall purpose, approach and structure. It introduces the key uncertainties relevant to the enforceability and effects of asymmetric jurisdiction clauses, and the Rothschild case of the French Cour de cassation that ignited some of them. How the book’s analysis proceeds in light of Brexit is explained. Three broad types of asymmetric jurisdiction clauses are introduced: Rothschild clauses, unilateral non-exclusive clauses and unilateral indeterminate jurisdiction clauses. The origins of those types in article 17(4) of the Brussels Convention is explored.
Applicability of the 2005 Hague Choice of Court Convention to asymmetric jurisdiction clauses
Authors: Marshall Brooke 
Published: June 2024

Abstract
This Chapter considers whether the 2005 Hague Choice of Court Convention applies to asymmetric jurisdiction clauses. It examines the cogency of suggestions made in obiter in some first instance English cases, notably Etihad Airways PJSC v Flöther and Clearlake Shipping Pte Limited v Xiang Da Marine Pte Ltd, that it does. Those suggestions challenge the orthodox view, supported by the travaux préparatoires to the Convention, that asymmetric jurisdiction clauses are not ‘exclusive choice of court agreements’ for its purposes. The Chapter explores five ways in which the Convention could conceivably apply to the most common type of asymmetric jurisdiction clauses: Rothchild clauses. It proceeds to consider the Convention’s possible application to another type of asymmetric clause: a unilateral non-exclusive clause.
Relevance of the European Convention on Human Rights and Charter of Fundamental Rights of the EU to the enforcement of asymmetric clauses in the EU and England
Authors: Marshall Brooke 
Published: June 2024

Abstract
This Chapter considers the relevance of the European Convention on Human Rights and Charter of Fundamental Rights of the EU to the enforcement of asymmetric clauses in the EU and England. It does so by reference to the fair trial right, guaranteed by both those instruments, and to the freedom to conduct a business secured by the latter. Specifically, it asks whether the right to a fair trial may limit, and the freedom to conduct a business may corroborate, the enforcement of asymmetric jurisdiction clauses, proceeding on the basis that asymmetric clauses are, at least notionally, waivers or restrictions by one party of certain elements of its fair trial right. It examines the extent to which the ancillary procedural clauses that generally accompany asymmetric clauses, such as forum non conveniens or FNC waivers, and concurrent proceedings provisions, shape the analysis.
Torts in UK Foreign Relations
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Can foreign judgments given on such claims be recognized and enforced in the UK? Should such foreign judgments ever be recognized and enforced in the UK? Most of these questions have arisen in cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq. This book examines the English courts’ treatment of such issues and offers a better understanding of this contested area of private international law. In addition to demonstrating that a defining characteristic of these tortious claims is how they are often subjected to the choice-of-law process and lead to the application of foreign law, the book also criticizes this current approach and argues that English tort law should play a more prominent role.
Crown Acts of State
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 2 focuses on the nature and operation of the Crown act of state doctrine. It shows that both rules of the Crown act of state doctrine and the related doctrine of combat immunity set the outer limits of the subject-matter jurisdiction of English courts. It also maps out the complex relationship between tort law, private international law, domestic public law, and public international law that is involved in the application of the Crown act of state defence. The chapter deals with the likely impact of the proposed Bill of Rights on tortious claims arising out of the external exercise of British executive authority. It addresses the question whether tort law could offer adequate remedies where the judicial remedies created by the bill are excluded.
Law Governing the Tortious Liability of UK Government Officials
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 7 highlights the English courts that have adopted different approaches to determining the law applicable to the issue of conditions for imposing tortious liability on UK government officials, which includes the application of English law, foreign law, and transnational law. It looks at the tortious liability of UK government officials and discusses the law applicable to the tortious liability of UK government officials acting as primary tortfeasors and as participants in another person’s wrongful conduct. It also examines the conflicts with the rhetoric of English courts that usually state that the foreign lex loci delicti applies to tortious claims arising out of the external exercise of British executive authority. The chapter reviews the relationship between private and public law, domestic and foreign law, and national and international law. It covers cases that indicate how the real bone of contention has often been the assessment of lawfulness of a relevant conduct.