bluuebunny/crossref_metadata_2025_split huggingface dataset:
National Heritage in the Soviet Union and Post-Soviet Estonia
Authors: Rausing Sigrid 
Published: November 2023

Abstract
In August 1991 Edgar Savisaar, the then prime minister, called on the citizens of Tallinn via radio to protect the telephone tower in Tallinn from the approaching Soviet tanks. In town you heard cars hooting everywhere; the people who had cars were signalling that they could give lifts to people who did not. The radio continuously announced the slow progress of the tanks rolling towards Tallinn: 200 kilometres away, 175 kilometres, 150 kilometres. The people erected barricades and then stood around in groups, waiting, prepared to fight a hopeless fight with the Soviet army. One of my informants, an elderly woman, was there with a group of other women. At about 3 o’clock in the morning, she said, ‘a young Estonian, a man of the people, a blue-eyed man with such an open, honest face, came up to us and said: “women of Estonia! Go home and protect our homes. Protect yourselves so that the Estonian people may continue to grow.” ‘ The tanks stopped outside Tallinn: someone had come to his senses and called off what would no doubt have been a massacre had the soldiers been given orders to fire.
Compensatory Damages: Some Central Issues of Assessment
Authors: Cartwright John 
Published: November 2023

Abstract
This paper discusses some of the central issues relating to the loss which can be compensated in contract. The core question is: in making an award of damages in contract, what are we compensating for? In recent years the courts (and, in particular, the House of Lords) have re-thought some aspects of this question, and have opened some new paths of enquiry in the assessment of compensatory damages.
Limitations on Compensation
Authors: Burrows Andrew 
Published: November 2023

Abstract
In assessing compensatory damages for torts and breach of contract, one must first decide what the aim of those damages is. This aim can be expressed in general terms for all civil wrongs as being to put the claimant into as good a position as if no wrong had been committed. However, in applying that general compensatory aim, very different results may ensue depending on whether the duty broken was a positive or a negative one. Hence the distinction between compensatory damages for breach of positive contractual obligations where the aim is to put the claimant into as good a position as if the contract had been performed (often termed the protection of the ‘expectation’ or ‘performance’ interest);2 and compensatory damages for breach of the negative obligations typically imposed by torts where the aim is to put the claimant into as good a position as if the tort had not been committed (often termed the protection of the ‘reliance’ interest).
Limitations on Compensation: Comment
Authors: Ryan Chris 
Published: November 2023

Abstract
In one paragraph of his paper (see Chapter 4)2 Andrew Burrows points out that the two rules of Hadley v Baxendale have been regarded as important in some recent Court of Appeal cases in construing what is meant by ‘consequential or indirect loss’ in exclusion or limitation clauses. This question of what is meant by ‘consequential or indirect loss’ in such clauses is very important in practice.
Restitution of Unjust Enrichment
Authors: Birks Peter 
Published: November 2023

Abstract
There are two principal commercial contexts in which the law of unjust enrichment operates. The first is transactions which one way or another come to grief after value has passed between the parties. A decade of litigation over void interest swaps provides the most dramatic illustration in recent memory. The second comprises all those situations in which funds have been misdirected. That is a large and diverse category. It includes innocently mistaken payments and massive frauds. A theme running through both is the search for a solvent defendant and, failing that, for priority over other claimants.
Private Law Remedies and the Human Rights Act 1998: Defining the Limits of Interpretation
Authors: Henderson Andrew 
Published: November 2023

Abstract
In Chapter 19 Nicholas Bamforth makes a persuasive case that the major mechanism, under the Human Rights Act 1998 (‘the 1998 Act’), by which Convention rights will affect private law is interpretation, whether of existing statutory provisions or common law rules—including, where appropriate, remedies.
Conflict of Laws and Commercial Remedies
Authors: Briggs Adrian 
Published: November 2023

Abstract
An examination of the private international law of commercial remedies may be thought to present little more than a problem of organization or of deciding where, if anywhere, dividing lines are to be drawn. To begin with, there can be no real analysis of remedies which does not first look at the choice of law rules for the various rights that give rise to them; and if one does that, one ends up looking at the whole of the commercial conflict of laws. The word limit for this paper, and the patience of a tolerant audience, will not allow for that. So let us start with what we know. At least as far as English law is concerned, the legal rules relating to remedies occupy a quiet backwater, where the dominant approach is simple and clear. Whether the remedy sought is interim or final, an English court applies its own law to define and describe the limits of the remedies which it will grant.
Breach of Contract, Restitution for Wrongs, and Punishment: Comment
Authors: Eastwood Sam 
Published: November 2023

Abstract
In Chapter 10 Ewan McKendrick highlights the uncertainty about the significance and scope of the ruling of the House of Lords in A-G v Blake (Jonathan Cape Ltd, Third Party).2 Practitioners were never under any illusion that the remedial regime for breach of contract was straightforward but when distinguished academics pronounce that this area has become ‘more complex’ it is a cause for some concern.
Introduction
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The gaoler’s office of a London magistrates’ court used to display a notice that read ‘PLEASE DO NOT ASK FOR BAIL AS A REFUSAL OFTEN OFFENDS’. At the same court, the brief facts of a case were concluded with the words: ‘He was arrested and cautioned, to which he replied, “Will I get bail?”.’ Practitioners will know of clients who accept with resignation a custodial sentence but campaign with all their energy for the grant of bail. It seems that the adage ‘If you can’t do the time, don’t do the crime’ does not apply to remands in custody.
Renewed Applications For Bail
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The general entitlement to bail given bys. 4 of the BA 1976 applies whenever accused persons appear or are brought before a magistrates’ court or the Crown Court in the course of or in connection with proceedings for the offence or whenever they apply for bail. At the time of the enactment of the BA 1976 a rule originating in the 19th century precluded magistrates’ courts from remanding an unconvicted person in custody for a period exceeding eight clear days: Magistrates’ Courts Act 1952, s. 105 (now MCA 1980, s. 128(6)). There was no power to remand in custody for longer than eight days, even with the accused person’s consent.
Police Bail
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
Complementing the power of the courts to release accused persons on bail is the important statutory power long enjoyed by the police of releasing on bail persons who have been arrested on warrant for an offence, or arrested without warrant on suspicion of committing an offence and detained for inquiries. The police may also release on bail those arrested for non-attendance at court on a warrant endorsed, or ‘backed’, for bail, pending ‘execution ’ of the warrant before the court.
The Jurisdiction of the Crown Court
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
Section 81(1) of the SCA 1981 (as amended) empowers the Crown Court, subject to s. 25 of the CJPOA 1994, to grant bail to any person in the categories listed immediately below. As listed under the following paragraph letters and numbers, which exactly replicate those in s. 81(1), these are defendants:
(a) sent to the Crown Court in custody, i.e. persons who have been committed in custody to appear before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision, i.e. CJA 1987, s. 4 (serious or complex fraud) and CJA 1991, s. 53 (offences of a sexual, violent or cruel nature involving a child witness or child victim) or who have been sent in custody to the Crown Court for trial under s. 51 of the CDA 1998 (as inserted by sch. 8, para. 48, to the CDA 1998);
(b) appealing against a magistrates’ court custodial sentence, i.e. persons who have been given a custodial sentence by a magistrates’ court, and who have appealed to the Crown Court against conviction or sentence;
(c) in Crown Court custody waiting to be dealt with by that court;
The Jurisdiction of the High Court
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
It had long been almost the cornerstone of English law relating to bail in criminal cases that a defendant who had been refused bail by a magistrates’ court or upon whom onerous conditions of bail had been imposed by magistrates could apply for redress to a High Court ‘judge in chambers’. In fact, in the CPR 1998, which replaced the RSC 1965, that time-honoured phrase gave way to the not particularly comfortable words ‘judge sitting in private’, a change which seemed to be applying with a vengeance the policy of using supposedly modern nomenclature introduced by the Woolf reforms (see The Rt. Hon. The Lord Woolf MR, Access to Justice, HMSO, July 1996).
Vulnerable Suspects and Defendants
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The definition of ‘child’ varies from statute to statute. Section 2(2) of the BA 1976 defines the term as denoting a person under the age of 14, but in the CA 1989, which, inter alia, regulates the accommodation of those suspects or accused persons who might loosely be called non-adults, the term is defined in s. 105(1) as a person under the age of 18.
In contrast with the definition of a ‘child’ the statutory ambit of ‘young person’ somewhat confusingly varies within the context of the law relating to bail. Section 2(2) of the BA 1976 defines a young person as someone who has attained the age of 14 and is under the age of 17.
Alternative Dispute Resolution
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The phrase alternative dispute resolution or ADR encompasses a range of pro-1.01 cedures other than litigation which are designed to resolve conflicts. ADR processes include negotiation, mediation, conciliation, expert determination, adjudication, and arbitration. In the last few decades the use of ADR has become more prevalent within both international and domestic commercial contracts. The reason for this is that the costs of litigation have become prohibitive and the parties to a dispute and their advisers are now considering alternative methods to resolve disputes which are cheaper, quicker and will not lead to a break down in the working relationships of the parties.
Arbitration Institutions and Ad Hoc Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Arbitration rules provide the framework in which the arbitration proceedings are to take place. It is usual for such rules to be agreed at the time when the arbitration agreement is conducted. In this regard the parties may choose whether to conduct their arbitration under institutional rules or under ad hoc arbitration rules. An institutional arbitration is an arbitration which is administered by a specified body or organization. An ad hoc arbitration is an arbitration where the arbitral tribunal has control over all aspects of the proceedings subject to any rules which the parties may agree.
The Procedural Laws of the Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The arbitration agreement is a contract and like any other contract is just a mere piece of paper ‘devoid of all legal effect unless [it is] made by reference to some system of private law which defines the obligations assumed by the parties to the contract’.1 Perhaps no other area of arbitration law has received as much academic interest as the issue of which law or laws govern the arbitration agreement and the procedure. The issue arises because of the autonomy of the arbitration agreement from the underlying contract. This has a number of ramifications. First, the law governing the underlying contract will not necessarily be the law governing the arbitration agreement nor the law governing the procedure. Second, if the underlying contract is void ab initio it will not necessarily mean that the arbitration agreement is also void.
Privacy and Confidentiality
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The privacy and confidentiality of the arbitration process has traditionally been perceived as being a cornerstone of arbitration law. It has been stated that the privacy and confidentiality of arbitration is considered as being one of the main H Bagner, ‘Confidentiality—A Fundamental Principle in International Commercial Arbitration?’ (2001) 18 Journal of International Arbitration (No 2), 2003, 243–9. Cf Lew, Mistelis and Kröll, Comparative International Commercial Arbitration (2003) 660 at para 24–100 in which it is argued that until the early 1990s ‘no-one in England ever thought that arbitration was really “confidential”, as distinct from “private” ‘. See also P Neil QC, ‘Confidentiality in Arbitration’ (1996) 12 Arbitration International (No 3) 287–318, referring to Professor HR Trevor-Roper’s book Archbishop Laud 1573–1645 (1988) at 221–3, which gives details of an early arbitration case that was published. The case concerned an attempt by the English Crown to extract extra revenues from the creation of monopolies. The arbitral tribunal were asked to determine whether soap manufactured by a chartered company of soap-boilers washed whiter than soap produced by independent manufacturers. The arbitral tribunal found in favour of the chartered company of soap-boilers.
Challenging the Award
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
When an award has been made the unsuccessful party will have a number of options. First, it may honour the award. Second, it may do nothing and seek to challenge the award when it is enforced.1 Third, it may actively challenge the award at the place in which, or under the law of which, that award was made. Most arbitration awards are honoured. In comparison to the number of awards made each year there are only a small percentage of awards that are challenged. The Yearbooks indicate that the applicant is successful in only 10 per cent of cases where an award is challenged.
Introduction to English Arbitration Law
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Arbitration, as a method of dispute resolution, has existed in England and throughout the United Kingdom for as long as the common law. References to arbitration or arbitrament, as it was termed until just after the turn of the twentieth century, can be found in the Year Books and cases from the reigns of Elizabeth I and James I.1 Arbitrament has been defined as: ‘an award, determination or judgment which one or more makes at the request of two parties at the least for and upon some . . . controversie had between them . . . and they that make the award or arbitrament are called . . . arbitrators.’ Arbitration was used in ancient Indian and Egyptian cultures and was also prevalent in classical Greek and Roman times.
Commencing An Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The Limitation Acts apply to arbitration proceedings governed by Part I of the 17.01 Arbitration Act 1996 in the same way as they do to court proceedings. The Limitation Acts’ means the Limitation Act 1980, the Foreign Limitation Periods Act 1984, and any other ‘enactment (whenever passed) relating to the limitation of actions’.Examples of these Acts are the Carriage of Goods by Sea
The Role of the Arbitral Tribunal
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The role and function of the arbitral tribunal is to determine the dispute between the parties based on the evidence and facts that are submitted to it in a judicial, fair and impartial manner. In this respect the function of the arbitral tribunal is similar to that of a judge. However, unlike a judge, the jurisdiction of the arbitral tribunal arises solely from the parties’ arbitration agreement and not from the State. The arbitral tribunal cannot exceed the authority given to it by the parties and it is the right of the parties to decide how their dispute should be resolved.1 The Arbitration Act 1996 provides the arbitral tribunal with certain powers. Some of these powers are provided by mandatory sections within the Arbitration Act 1996 and the parties are unable to exclude these powers. In particular, section 33 of the Arbitration Act 1996 sets out the general duty of the arbitral tribunal. Other powers are non-mandatory and are possessed by the arbitral tribunal unless the parties have made a contrary agreement.
Powers of the Court
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
arbitration except as provided by this Part.1 The powers of the court are contained in both the mandatory and non-mandatory sections of the Arbitration Act 1996. The parties are unable to exclude the mandatory provisions of the
Arbitration Act 1996 but may exclude the non-mandatory provisions. Where the parties have chosen a foreign law regarding a procedural matter which is covered by a non-mandatory section of the Arbitration Act 1996 then this is the equivalent of making an agreement about that matter. The default provisions in the Arbitration Act 1996 will not apply in such circumstances. The following powers are given to the courts within the mandatory sections of the Arbitration Act 1996. These powers include: the power to grant a stay of legal proceedings, including staying interpleader issues5 and making orders where Admiralty proceedings have been stayed; the power to extend the time for commencing an arbitration where an arbitration agreement contains a time bar clause;7 the power to remove an arbitrator on certain grounds;8 and the power to order the attendance of witnesses.9 The court may also determine an application relating to the substantive jurisdiction of the arbitral tribunal.10 The court may also grant a declaration, injunction, or other appropriate relief in relation to a challenge to the substantive jurisdiction of the arbitral tribunal. Such a declaration, injunction, or other relief must, however, be applied for by a party who has not participated in the proceedings. Any party may apply to the court for an order for the court to consider and adjust the arbitral tribunal’s fees and expenses fees within its discretion.
Procedural Matters Under the Arbitration Act 1996
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
In all cases, other than an application to stay legal proceedings under section 9 of the Arbitration Act 1996, an application to the court to exercise any of its powers under Part I of the Arbitration Act 1996 is started by the issue of an arbitration claim form.1 Once the claim is filed it is considered as having been made even if it has not been served.2 An arbitration claim form must be substantially in the form set out in Appendix A to CPR PD 62.
Appeal On A Point of Law
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Section 69 of the Arbitration Act 1996 is derived from sections 1 and 3 of the Arbitration Act 1979 and the restrictions placed on section 1 of the Arbitration Act 1979 by the House of Lords in Pioneer Shippingrecognized and accepted as a guideline for when leave to appeal an arbitral tribunal’s award would be allowed. Despite calls for the abolition of the right to appeal from some quarters, prior to the enactment of the Arbitration Act 1996, the Departmental Advisory Committee on Arbitration Law (DAC) decided to keep the right to appeal in what is now section 69 of the Arbitration Act 1996. However, the right is restricted to an appeal only on a question of law. The DAC justified this decision as follows:
Applications to the Court
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Pursuant to CPR 62.4(1) an arbitration claim form must: include a concise statement of— the remedy claimed; and any questions on which the claimant seeks the decision of the court; give details of any arbitration award challenged by the claimant, identifying which part or parts of the award are challenged and specifying the grounds for the challenge; show that any statutory requirements have been met; specify under which section of the 1996 Act the claim is made; identify against which (if any) defendants a costs order is sought; and (f ) specify either— the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on.
Academics in Action: Scholarly Interests and Policies in the Early Counter Reformation: the Reform of the University of Louvain 1607-1617*
Authors: Boute Bruno 
Published: November 2023

Abstract
Driven by the need for solid religious unanimity and for the human resources supporting it, the European centres of power, ecclesiastical or secular, Catholic or Protestant, never lost their interest in the centres of learning. General surveys on the relationship between the university and the emerging dynastic state rightly demonstrate the repeated intervention of the ruler in ‘his’ universities, which, in turn, provided jurists, theologians, and church ministers. Reform was a very useful tool to adapt the old universities of Europe to the specific needs of their increasingly national or regional environments. The reform of the University of Louvain in the beginning of the seventeenth century by the Visitatio of the archdukes Albert and Isabella therefore is not unique. In the previous century the authorities had already become increasingly interested in their thriving university in Brabant. After the 1560s, the crisis in the university that championed Catholic orthodoxy was, therefore, intrinsically connected with the political and religious crisis in the Netherlands; Louvain only narrowly avoided annihilation in the last quarter of the sixteenth century.