bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Briggs Adrian 
Published: June 2024

Abstract
This chapter introduces the foundational principles of English private international law which provide the intellectual basis for the law described in greater detail in the rest of the book. It shows how the common law has always had a fundamental respect for the principles of territoriality, sovereignty, and comity, while evolving rules of the conflict of laws which also, and increasingly, respect the intentions of those exercising their autonomy. It identifies the influence of pragmatism, and of the power of equity to operate in personam, on the development of private international law. It introduces the particular problems which may be encountered when rules of statute law, ambiguous or silent as to the scope and circumstances of their operation, are said to be applicable. It describes how, over the last 40 years, rules of European law were first inserted into a structure which was rooted in the common law, then came to reconstruct the very foundations on which the subject was built, only to be abruptly revoked, with only fragments being retained. The consequences are only gradually being worked out.
Property
Authors: Briggs Adrian 
Published: June 2024

Abstract
This chapter deals with the conflict of laws rules for property and for various kinds of transaction concerning property. The point of departure is to identify the various types of property recognised by the conflict of laws: immovable (for which the common law also has distinctive jurisdictional rules), tangible moveable, intangible moveable, and intellectual. The conflict of laws rules by which title to such property is determined are then examined, generally as well as in those cases in which there are successive or repeated dealings with the property. Consideration is given to whether ‘new forms of property’ need to be accompanied by specific conflicts rules. The particular issues arising from confiscation or expropriation of property are examined. The private international law of trusts is dealt with in this chapter, as the creation and operation of a trust is in reality a complex, and very particular, example of dealing with property. An account is given of the effect of marriage on property rights, of the effect on property rights, arising before or after the marriage, of a dissolution or annulment of the marriage, and of the private international law of succession to the property of a deceased person.
Children
Authors: Briggs Adrian 
Published: June 2024

Abstract
This chapter deals with the private international law of children: both the power of the English courts in relation to children and the effect of foreign proceedings and judgments in relation to children and their custody, welfare, and return. The point of departure is to consider the rules determining the habitual residence of a child who may be too young to have any independence, or even intention, in the determination of their residence. The manner in which the various factors (and non-factors) are balanced and evaluated is examined. The jurisdiction of an English court to make orders is examined by reference to domestic law as well as the various Hague Conventions given force in English law. The effect on English proceedings of orders made by foreign courts, in states party to and not party to an international convention, is examined with particular reference to the principle that an English court must be guided by the best interests of the child. The private international law of child abduction is also examined, the well-intentioned legislative interventions being shown to be only partially satisfactory. The question whether these issues are susceptible to being regulated by rules of private international law is raised.
OTC Derivatives Clearing Explained
Authors: Hasenpusch and Tina , Stegeman Rezah 
Published: June 2024

Abstract
This chapter discusses the concept of clearing, providing a definition of ‘clearing’ from various perspectives: a process view, a functional view, and a product view. The process view refers to clearing as a process that constitutes a vital part of the life cycle of a trade. The functional view focuses on clearing as a service and details the various value-chain components. Meanwhile, the product view concentrates on the peculiarity of clearing over-the-counter (OTC) derivatives. The chapter then looks at the different clearing services, including cleared trade confirmation, transaction/position management, delivery management, novation, netting, risk management, collateral management, and cash management. It also considers the benefits of central counterparty (CCP) clearing, which has become such an integral part of modern financial market structures. From a microeconomic perspective, CCPs provide benefits and value-added for individual market participants. In macroeconomic terms, CCPs are key infrastructures, playing a vital role by facilitating the smooth and frictionless functioning of financial markets, thus increasing their efficiency, supporting financial stability, and reducing systemic risks.
Segregation and Portability of Cleared OTC Derivatives in Europe
Authors: Zebregs Bas 
Published: June 2024

Abstract
This chapter assesses the segregation and portability requirements for over-the-counter (OTC) derivatives clearing in Europe under the European Market Infrastructure Regulation (EMIR). EMIR prescribes that client positions and assets should be held and recorded in segregated accounts at the level of the central counterparty (CCP). The segregation and portability regime aims to ensure that upon a clearing member (CM) default, these assets do not become part of the bankruptcy estate of the CM but can be transferred to another CM or returned to the client. The chapter then describes the segregation models as imposed by EMIR as well as the models that are actually offered in practice, including private omnibus models, value segregation models, and different margin models. This is followed by a description of the portability framework as well as the main hurdles—including any potential insolvency complications—that may prevent porting or the return of assets. The author concludes that, although the segregation and portability arrangements may appear to be robust at first glance, there are still several areas of concern.
Open Access for OTC Derivatives
Authors: Poilvet-Clediere Corentine , Jardelot Julien 
Published: June 2024

Abstract
This chapter studies the concept of non-discriminatory access or ‘open access’, which is widely recognized as beneficiary in the European Union (EU), not only in consideration of the fragmentation of EU capital markets but also in the introduction of clearing and trading obligations. It begins by tracing the origins of the concept, its implications, and how it works in practice. The chapter then looks into the expected benefits in terms of transparency, efficiency, innovation, settlement, and competition. Open access has proven to ‘open up’ barriers and enhance competition in the EU financial market infrastructure space without substantiated concerns to financial stability but quite the opposite, having a diversity of trading, clearing, and settlement venues available to market participants ensuring alternative choices and an overall increased resilience of the system. While it is established in equities and OTC derivatives, the concept of open access remains controversial when it comes to exchange traded derivatives, where it has never been applied in practice despite effectively entering into application.
Payment
Authors: Bridge Michael 
Published: June 2024

Abstract
The buyer’s duty to pay is the subject of this chapter. There is a short introduction to payment methods, including the use of negotiable instruments, but the bulk of the chapter is concerned with the use of letters of credit, mainly as instruments for obtaining payment but also as instruments guaranteeing performance by the seller. The rules of UCP 600 are discussed at length. Beginning with the buyer’s duty to open a conforming letter of credit in favour of the seller and the time when this has to be done, the chapter moves on to the presentation by the seller of conforming documents ad their examination by the nominated bank. The separation (autonomy) of the letter of credit contract from the sale contract is stressed as well as defences to payment (mainly, fraud).
The 2019 Hague Judgments Convention
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has introduced international obligations of unprecedented sweep and power. This book provides the diplomatic background and the historical context for the Convention, discussing the law on judgments recognition in the absence of the Convention’s ratification. After recounting the twenty-seven-year history of the negotiations leading to the Convention’s conclusion, the book offers an article-by-article discussion of each provision. It also considers paths not taken, advancing possible solutions to address future pressures and developments. The book is designed to be an indispensable source for lawyers, judges, and legislators in the adoption, implementation, and use of the 2019 Hague Judgments Convention. It provides a clear understanding of the purpose behind each provision, any differences that might have led to compromise in the Convention’s language, and the positions stated by national delegations during the negotiations.
A Basic Introduction to the 2019 Convention
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter introduces the structure, core, context, and choices of the 2019 Convention. The Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters provides rules governing the recognition and enforcement of judgments from a court of one Contracting State presented to a court of another Contracting State. Moreover, the potential power of the Convention is constrained because of specific requirements for a judgment to be eligible for recognition or enforcement under the Convention. The chapter explains how Convention consists of a Preamble and thirty-two articles arranged in four chapters, followed by a jurat clause covering the official texts in English and French languages. It considers the resulting tensions of the Convention’s conditions of creation and choices.
Invalid Contracts
Authors: Bantekas Ilias 
Published: June 2024

Abstract
This chapter focuses on invalid contracts. It expounds on ṣaḥīḥ, fāsid, and bāṭil as the three types of contracts under Islamic law. Contracts whose essence and attributes are lawful and without defects in their elements (aṣl) or characteristics (waṣf) are determined to be valid. The conditions incorporated in a contract also determine the nature of the contract as either valid, irregular, or void. Moreover, the conditions for the formation (in’aqad) of a contract primarily relate to ṣīgha, contracting parties, and a subject matter. The chapter then looks into the causes, instances, and effects of a contract’s invalidity.
Bilateral Contracts
Authors: Oseni Umar A 
Published: June 2024

Abstract
This chapter focuses on bilateral contracts, which are one of the main types of contracts in Islamic law. In Islamic commercial jurisprudence, bilateral contracts are called ʿuqūd al-muʿāwaḍā. Moreover, bilateral contracts often reflect parallel, corresponding, and conforming promises made by the parties. The chapter enumerates the classification of bilateral contracts in Islamic commercial jurisprudence: general contracts of exchange (ʿuqūd al-muʿāwaḍāt); contracts of security (tawthīqāt); contracts of partnership (shirka); contracts of safe custody (wadīʿa); contracts relating to the utilization of usufruct (manfa ʿa); and ancillary contracts of services. It explains the bilateral contracts that involve sales-based contracts and other similar agreements in Islamic jurisprudence.
Ancillary Contracts
Authors: Ullah Ikram 
Published: June 2024

Abstract
This chapter explores ancillary contracts under Islamic law. It also examines the regulation and conditions of juʿāla contracts, ijāra, ṣarf, salam contracts, istiṣna, and tawarruq contracts, which were created based on the Qurān. Wakāla (agency) comprises ‘one person (principal) empowering some other person (agent) to perform an act for him, whereby the latter stands in the stead of the former in regard to the action. The chapter explains the legal implications and essential elements of the wakāla contract. It also clarifies that some contracts are based on the ideals of a fair and just Islamic society instead of their counterparts in Western legal systems.
Performance, Termination, and Rescission of Contracts
Authors: Ullah Ikram 
Published: June 2024

Abstract
This chapter tackles the notions of performance, termination, and rescission of contracts under Islamic law. The importance of contracts for the preservation of the Islamic umma dictates that termination is perhaps not as straightforward as in the civil law tradition, even if the parties are subjected to pertinent notifications. The performance of the underlying obligations becomes mandated upon parties when a contract becomes binding. The chapter explains how the termination of the contract (Inhā-al-ʿAqd) absolves the parties from their contractual obligations, despite the possibility of still being liable for damages or restitution. It discusses the modes of rescinding contracts if an acceptable justification is available.
Unfair Prejudice: Remedies and Valuation
Authors: Collingwood Timothy 
Published: June 2024

Abstract
This chapter discusses issues of remedies and share valuation. It reviews s 996(1) of the Companies Act 2006 (CA 2006), which provides that the court gives relief in respect of the matters complained of if it is satisfied that a petition is well founded. It also highlights the discretion that arises if the court finds that the petition is well founded, which must be exercised judicially and on rational principles. The chapter explains how a judge, once unfair prejudice has been established, is obliged to consider possible remedies and choose the one which deals with the situation fairly. It emphasizes that there are some cases wherein certain unfairly prejudicial conduct has no appropriate remedy.
Appeals from Jurisdictional Rulings and Order 48
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
Section 10 discusses appeals from jurisdictional rulings under Section 10 of the IAA. The chapter begins with a discussion of Section 10(1), and the relationship and key differences between Section 10 of the IAA and Article 16(3) of the Model Law. It then discusses Section 10(2), which expressly states that the arbitral tribunal may rule on a plea that it has no jurisdiction at any stage of the arbitral proceedings. The chapter also discusses Section 10(3), which sets out the nature and ambit of the court’s power to rule on an arbitral tribunal’s jurisdiction. F The chapter follows with a discussion of the implications of the court’s power to make an award or order of costs under Sections 10(7) and 10(8), as well as a stay of arbitration under Section 10(9)(a) of the IAA. Finally, the chapter discusses the procedure that applies to appeals from jurisdictional rulings and other recourse to courts in matters related to the IAA, as set out in Order 48 of the Rules of Court 2021.
Court Powers in Aid of Arbitration
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter focuses on court powers in aid of arbitration. It examines Section 12A and Section 13 of the IAA to elaborate on the court’s complementary powers to issue interim relief in aid of the arbitral cycle. Section 12A empowers the Singapore courts to grant certain interim measures to a party to an arbitration. The chapter discusses the scope of the powers of a court to grant interim relief, anti-suit injunctions and the requirements for obtaining interim relief from court. Section 13 addresses the summoning of witnesses by subpoena to testify or produce documents. The chapter discusses the principles governing subpoena applications and the requirements to obtain subpoenas in aid of arbitration.
Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter explores the jurisdiction provisions of contracts concerning the exploitation of intellectual property rights. A contract for the exploitation of the intellectual property right is concluded between the owner of the right and the party that will exploit the right. The most common forms of exploitation of intellectual property rights are licences and assignments. Jurisdictional problems can arise fairly easily because the majority of licences and assignments are concluded between licensors and assignors in one country and licensees and assignees in another country. The chapter considers how the exploitation of intellectual property rights can give rise to more complicated contractual patterns.
Infringement: Preliminary Matters
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter focuses on the notion of infringement. It elaborates on the essence of what constitutes patent infringement according to section 60 of the Patents Act 1977. The obvious infringement case occurs when a sign identical to a registered trade mark is used without the authorization of the trade mark owner in relation to goods or services. The chapter also considers the provisions for copyright and designs based on the Copyright, Designs and Patents Act 1988 and the special system for database protection introduced by the European Union’s Database Directive. It details the elements of the tort of infringement, which is mostly viewed as a wrongful act, and consequent damage.
Infringement: Jurisdiction Under the Traditional Rules
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter notes the jurisdiction of infringement under the traditional rules. It looks at how some traditional subject matter limitations concerning jurisdiction do not exist under the European Union/European Free Trade Association rules. Traditional rules revolve around finding a basis of jurisdiction in respect of a foreign defendant and whether the English court will exercise its discretionary powers to stay in action. The chapter then notes how the company may be served a claim form by any method permitted under the Civil Procedure Rules or by any of the methods of service set out in the Companies Act 2006. The chapter looks into infringement under the notions of validity, European patent, licensing agreements, and settlement agreements.
Complementary Torts and Other Causes of Action: The Applicable Law
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter explores complementary torts and other causes of actions under the applicable law. English substantive law provides a number of different causes of action which are complementary to infringement, which includes torts of passing-off, malicious falsehood, defamation, and causes of action. Moreover, the causes of action include breach of competition rules and breach of confidence. The chapter clarifies that the applicable law is less complex in respect of infringement. It considers unfair competition, delict, and anti-trust in correlation with foreign causes of action. The Rome II Regulation plays an important role after introducing a specific choice of law rule for unfair competition and restricting free competition.
Justifications for party autonomy in the context of asymmetric jurisdiction clauses
Authors: Marshall Brooke 
Published: June 2024

Abstract
This Chapter examines normative justifications, and the assumptions underpinning them, for the enforcement of asymmetric jurisdiction clauses. Drawing on the literature on private international law, political philosophy, and law and economics, the Chapter begins by identifying justifications for respecting autonomy in the context of asymmetric jurisdiction agreements. It critically evaluates those within the framework of two broadly defined conceptions of party autonomy: (1) an instrumentalist and, largely, efficiency-driven conception, and (2) a libertarian or rights-based conception, which tethers party autonomy to deontological approaches or to freedom of contract. The Chapter then relies on behavioural law and economics literature, and empirical scholarship to investigate the assumptions and conditions which must be satisfied for these justifications to hold. The Chapter contends that there are notionally multiple normative justifications for the enforcement of asymmetric clauses, but their cogency rises and falls with the truth of many assumptions that asymmetric clauses appear to challenge.
Summary and Way Forward
Authors: Grušić Uglješa 
Published: June 2024

Abstract
Chapter 11 presents an alternative view of tortious claims arising out of the external exercise of British executive authority as claims that concern public acts of the UK. It looks at the wider context in which the UK exercises its executive authority externally, which means that public law must also play a role in deciding tortious claims arising out of the external exercise of British executive authority. It also talks about mapping out the relationship between different jurisdictions and rules that are engaged by tortious claims arising out of the external exercise of British executive authority that confirms the allocative conception of the function of foreign relations law. The chapter reviews how private international law matters for tortious claims arising out of the external exercise of British executive authority. It focuses on the private international law aspects of claims that lead to important insights.
Requirements for protection of works and other subject matter
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Neither international nor EU law define foundational requirements of copyright protection like ‘work’ or ‘originality’. In its case law, the Court of Justice of the European Union (CJEU) has nonetheless defined and shaped both requirements and has pushed the boundaries of EU harmonization well beyond the text of the copyright acquis, with the result of also setting an EU-wide approach to fixation, categorization, and the (in)admissibility of requirements other than originality, e.g. artistic value or aesthetic effect. Chapter 4 reviews such case law and considers the implications thereof, including having regard to works of applied art. It also analyses CJEU case law that has enucleated the rationale of protection under related rights and explains how such rationale informs areas other than those specifically tacked by the CJEU in existing referrals for a preliminary ruling.
The framework for enforcing copyright and related rights
Authors: Rosati Eleonora 
Published: June 2024

Abstract
Moving from an objectively thin legislative framework, the Court of Justice of the European Union (CJEU) has produced a substantial body of case law on the enforcement of copyright (and, more generally, IP rights). As a result, it has developed a principled framework in this area, including having regard to the online dimension of rights protection. Chapter 7 focuses on enforcement broadly intended, showing how the legislative framework alone—including the InfoSoc Directive, the Ecommerce Directive, and the Enforcement Directive—provides limited guidance regarding the construction of relevant concepts and available remedies. What has been key to the creation of an EU enforcement framework has been, once again, the role of the Court, which is particularly visible in respect of safe harbour availability and monitoring obligations of information society service providers (ISSPs), injunctions against intermediaries, costs and damages, and applicable law and jurisdiction in cross-border disputes.