bluuebunny/crossref_metadata_2025_split huggingface dataset:
Central Register as a Model Instrument to Unveil Beneficial Owners for Tax Purposes
Authors: Dwi Nugroho Adrianto 
Published: March 2022

This article proposes the use of Central Register of Beneficial Owners (CRB) laid down in the Fourth Anti-Money Laundering Directive (4AMLD) as a model instrument towards identifying beneficial ownership in international tax law. Although the OECD affirmed in 2014 that the term ‘beneficial owner’ ‘must be distinguished from the different meaning … in the context of other instruments’, the inclusion of tax evasion as a crime covered by the 4AMLD renders the CRB valuable in solving tax treaty cases on beneficial ownership. Purposively, the use of CRB greatly supports the EU tax transparency agenda, which requires the Member States actively engaged in Exchange of Information (EoI) cooperation. The effectiveness of EoI is ensured by, among others, the accurateness of information stored in each Member States. The CRB also calls for protection of taxpayers data, as access to it can only be granted to parties with legitimate interests, and must accord with the secondary laws on data protection. The coherence of these policies strongly supports for wider and optimized use of CRB in the future.
The DAC7 Proposal and Reporting Obligation for Online Platforms
Authors: Stevens Stan A. , Wamelen J.T. van 
Published: March 2022

On 15 July 2020, the EU Commission published a proposal for a directive amending, for the sixth time, Directive 2011/16/EU on administrative cooperation in the field of taxation. The DAC7 Proposal extends EU tax transparency rules to digital platforms. It is proposed that EU Member States will automatically exchange information on income generated by sellers on digital platforms. The authors discuss the content of the DAC7 proposal and try to assess whether it is necessary and proportionate. With respect to proportionality, the authors look in particular at the administrative costs and privacy aspects of the proposal but also consider the consequences for a level playing field for companies. Throughout the article, the authors examine whether the proposal is sufficiently clear.
DAC7, online, platforms, e-commerce, automatic information exchange, EU legislation, Platform Operators, Reportable Seller, GDPR, level playing field, digitalization
The New Rules for Reporting by Sharing and Gig Economy Platforms Under the OECD and EU Initiatives
Authors: Beretta Giorgio 
Published: March 2022

During 2020, the OECD and the EU Commission have separately unveiled two proposals both laying down new rules for reporting of tax information by sharing and gig economy platforms. Although the template used for tax reporting by sharing and gig economy platforms is nearly the same, some differences can be noted by a close reading and comparison of the text under the two initiatives. In this article, the author analyses the new rules for reporting by sharing and gig economy platforms that the OECD and the EU have separately released in the first half of 2020, retraces the common rationale behind the proposed introduction of the new rules, and explains similarities and differences existing between the two initiatives.
Tax information reporting, Digital platform, Sharing economy, Gig economy, OECD, European Commission
With the Wisdom of Hindsight
Authors: Verseveld J.L. van 
Published: March 2022

Assessment of the time at which newly introduced or amended legislation takes effect is difficult. This is due to the possibility that some legal rules apply to situations existing before their entry into force. These rules are in principle retroactively applicable. The CJEU evaluates retroactivity of (tax) legislation based on a distinction between procedural and substantive rules. Procedural rules are held to apply to proceedings pending at the time when they enter into force. Substantive rules are usually interpreted as not applying to situations existing before their entry into force. However, retroactive effect must be given to these rules in so far as it follows clearly from their terms, objectives or general scheme. This is to ensure observance of the principle of legal certainty and the protection of legitimate expectations. Violation of these principles is only allowed on legitimate grounds. This article compiles a framework constituting the general principles of Union law and Article 1 First Protocol European Court of Human Rights. This framework can be used to assess whether legal provisions are applicable before their entry into force. The framework is tested with a case study to the retroactive effect of Title III UCC provisions.
Retroactive effect, Retroactivity, Legitimate expectations, Possessions, Customs law, Framework, Procedural, Substantive, Article 1 First Protocol, ECHR, CJEU, General principles of Union law, UCC, CCC, Entry into force
Using an Event Study Methodology to Compute Damages in International Arbitration Cases
Authors: Dellepiane Santiago , Abrantes-Metz Rosa M. 
Published: March 2022

Standards for damages assessments generally encourage analysts to rely on market-based information in developing a valuation opinion. In international arbitration cases, when the disputes at stake involve-or ultimately impact-a publicly traded company whose shares are traded in liquid, efficient markets, and when specific dates of breach (and their announcement) can be traced, the economic expert may test or use an event study approach to shed light on the quantum of damages. The event study method, initially developed in 1969, has been extensively utilized in domestic U.S. litigation for estimating damages and yet is seldom heard of in international arbitration cases. Through an event study, the economic expert may infer the quantum of damages associated with specific events directly affecting the stock market capitalization of a publicly traded company. By isolating the effects of events that are part of the claim from the impact on stock prices from other events that may be influencing its evolution but are not part of the actions being claimed for (i.e., industry-specific trends or economy-wide shocks) the event study method can provide a clean lens to measure damages that can be directly attributed to the actions under dispute. In this article we elaborate on how to use the event study to assess damages and make recommendations as to its suitability for international arbitration cases.
Non-party Autonomy: Displacing the Negative Effect of the Principle of Competence-Competence in England?
Authors: Gaffney John 
Published: March 2022

In Excalibur Ventures, the English High Court issued an anti-arbitration injunction preventing the claimant from further pursuing ICC arbitration proceedings seated in NewYork and refused to stay court proceedings initiated by the claimant (against the same defendants to the arbitral proceedings) in London's Commercial Court, reserving to itself the determination of the foreign arbitral tribunal's jurisdiction. At first sight, the decision does not appear to be very 'arbitration-friendly' and perhaps even something of an assault on the principle of the negative effect of the 'competence-competence'. However, the decision should be viewed in the context of the unusual circumstances that existed in that case. This article examines the reasons giving rise to the court's decision and considers its wider implications for international arbitration. So flash'd and fell the brand Excalibur: But ere he dipt the surface, rose an arm Clothed in white samite, mystic, wonderful, And caught him by the hilt, and brandish'd him Three times, and drew him under in the mere. Morte d'Arthur Alfred, LordTennyson (1809-1892)
The UNCITRAL Model Law and Awards infra petita
Authors: Ahmad Jawad , Tan Paul 
Published: March 2022

There is an abundance of scholarly writing on the UNCITRAL Model Law and arbitral tribunals rendering decisions on issues beyond the parties' submissions (ultra petita).The same cannot be said where the arbitral tribunal fails to decide on the issues submitted by the parties (infra petita). In BLB and another v. BLC and others [2013] S.G.H.C. 196, a Singapore High Court decision, the court set aside an award infra petita under Article 34(2)(a)(iii) of the UNCITRAL Model Law and Section 24(b) of the Singapore International Arbitration Act (Cap. 143A). The ruling raises interesting issues that warrant a closer inspection of the UNCITRAL Model Law and awards infra petita. This article addresses two questions. First, which of the Article 34(2) grounds under the UNCITRAL Model Law do awards infra petita fall under? Second, is making a request for an additional award under Article 33(3) a prerequisite to apply to set aside an award under Article 34(2)? These questions are addressed and analyzed pursuant to the Singapore High Court ruling in BLB and another v. BLC and others [2013] S.G.H.C. 196 and to the drafting history of the UNCITRAL Model Law.
Unilateral Option Arbitration Clauses in the EU: A Comparative Assessment of the Operation of Unilateral Option Arbitration Clauses in the European Context
Authors: van Zelst Bas 
Published: March 2022

This article analyses the operation of unilateral option arbitration clauses (UAC) in the European context. The approach to UACs varies between the Member States of the European Union (EU). This has led to significant uncertainty. This uncertainty is attributable partly to the recent amendments in the recast Brussels I Regulation (hereinafter ‘Recast Regulation’) which came into force on 10 January 2015. Under the Recast Regulation, the substantive validity of jurisdiction clauses is governed by the law of the chosen forum. After an introduction (section 1) and a discussion of the typical wording and use of UACs (section 2), section 3 sets out the framework applicable to the assessment of jurisdiction clauses in the EU. Section 4 submits that the framework relevant to the assessment of the law applicable to UACs is provided by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 and discusses the operation of this Convention in the context of UACs. Section 5 provides a comparative assessment of the approach to the validity of UACs in the United Kingdom, Germany and France.
Psycholawgy: What Dispute Resolution Practitioners Overlook?
Authors: Puchkov Stepan 
Published: March 2022

This article brings to the readers’ attention several particular subconscious ‘blinders’ together with their potential implications in the field of dispute resolution and offers practical recommendations in relation thereto from both the counsel and judge/arbitrator perspective. The article does not aim to provide the readers with an exhaustive theoretical background of the psychology of decision-making. Instead, it will put into the spotlight only ‘blinders’ that (1) are likely to emerge in dispute resolution; (2) are easy to explain and exemplify without going too deeply into psychology; (3) suggest very concrete practical inferences; and (4) can be used to produce tips for practitioners. Finally, it is suggested that it may be the time to rethink the approach to dispute resolution by taking more account of non-legal influences affecting disputes’ outcomes, which might in some cases be as influential as blackletter law.
One Rule to Rule Them All: Rules for Article 25 DSU Arbitration
Authors: Van Vaerenbergh Pieter , Hazarika Angshuman 
Published: March 2022

The Appellate Body faces a crisis and risks being dissolved in December 2019. In order to safeguard the dispute settlement mechanism and ensure a functioning system without the Appellate Body of the World Trade Organization (WTO), many proposals have been put forward. Among these proposals, this Article highlights the potential of arbitration in the WTO. Article 25 of the Dispute Settlement Understanding (DSU), which provides for arbitration as a means of dispute settlement, remains underused due to insufficient procedural guidance. This article provides a set of rules for Article 25 DSU arbitration, which could be adopted by WTO Members ‘off the shelf’ when initiating an arbitration procedure. This formulation of procedural rules combines the need for party autonomy of WTO Members engaged in an arbitration procedure with the need for procedural certainty, which has hampered its usage until date. Experience of past arbitration in the WTO and international sources for trade-related arbitration have been used to shape these customized rules for Article 25 DSU arbitration.
Emergency Arbitration in Investment and Construction Disputes: An Uneasy Fit?
Authors: Markert Lars , Rawal Raeesa 
Published: March 2022

This article examines the compatibility of emergency arbitration with (1) investment treaty disputes and (2) construction disputes, respectively. The article begins by giving a brief synopsis of the evolution of emergency arbitration, following which its suitability to investment treaty disputes and construction disputes is considered. The authors provide critical analysis of the compatibility of the emergency arbitration procedure with pre-arbitral requirements in both of these categories of disputes. The authors conclude that the practices surrounding emergency arbitration need to be developed further, and specifically, the issues surrounding enforcement need to be resolved.
Emergency Arbitration, Construction Arbitration, Investment Treaty Arbitration, Enforceability, Third Parties, Dynamic Interpretation of Consent, Cooling-off Clauses, Multi- Tiered Dispute Resolution Clauses
Hot-Button Issues in International Arbitration: A Survey Among Arbitrators
Authors: Glucksmann Eloïse , Morbach Rüdiger 
Published: March 2022

International Arbitration has been in the focus of public attention following the fierce debate on the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA). A broad public has questioned whether arbitral tribunals should be entrusted with issues of public interest. Some of these issues are particularly controversial. These ‘hot-button’ issues include international sanctions, corruption, money laundering and, to a somewhat lesser extent, antitrust law. The authors wanted to know how arbitrators deal with these issues, should they come up in an arbitration. They set up a survey in the form of a short online questionnaire and invited more than 2,500 arbitrators, listed as members of different European arbitral institutions, to participate. The participants were asked whether they have already encountered hot-button issues in an arbitration, whether they felt prepared to deal with them and whether they have been approached by parties who wanted a hot-button issue to be disregarded in the arbitration. Further questions addressed possible proactive measures to prevent public policy violations, such as a cooperation with public authorities and state courts. The authors compare the results of their survey with recent developments in International Arbitration.
Public interest, Public policy, Competition law, International sanctions, Corruption, Money laundering, Enforceability, Survey, Practice, Cooperation
The Restrictive Approach to Legal Representation in Arbitration Proceedings and Its Unintended Consequences in Nigeria
Authors: Taiwo Oluwafikunayo D. 
Published: March 2022

The issue of legal representation in arbitration proceedings accounts for one of the sub-factors of ‘formal legal structure’ and ‘national arbitration law’ that disputing parties consider before choosing a seat of arbitration. Indeed, the ability of disputing parties in arbitration to freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not admitted to the Nigerian bar as their representatives in arbitration proceedings. This article examines the impact of this restrictive approach on the attractiveness of Nigeria as a seat of arbitration. The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat for arbitration.
Arbitration, Legal representation, Seat, Nigeria
Unionmatex v. Turkmenistan: The Emerging Jurisprudence of Security for Costs in Investor- State Arbitration
Authors: Fourie Adrian 
Published: March 2022

Applications for security for costs raise fundamental principles of legal philosophy, with leading arbitrators being divided on whether such orders should be available in investor-State arbitration and, if so, in what circumstances. Security for costs has only ever been granted in three decisions, and in two of those decisions the tribunal has been firmly divided – a rarity for procedural orders.
Unionmatex v. Turkmenistan marks the third such decision. This article summarizes the key findings in the case, outlines the framework for making such orders in International Centre for Settlement of Investment Disputes (ICSID) proceedings, summarizes the prior jurisprudence in this area, and concludes with a discussion of how the jurisprudence is likely to develop in the future.
Unionmatex, Security, Costs, ISDS, access, justice, third, party, litigation, funding
The Time Limit to Set Aside an Award Under Article 34(3) of the Model Law: A Comparative Study
Authors: Hwang Michael , Tan Kevin 
Published: March 2022

The time limit to set aside an award under the United Nations Commission on International Trade Law (UNCITRAL) Model Law is three months. Although Article 34(3) of the Model Law does not appear to confer upon domestic courts discretion to extend this time limit, some exceptional decisions from Asian Model Law jurisdictions suggest that such discretion exists. This article argues that, notwithstanding these decisions, domestic courts do not have any discretion to extend the time limit to apply to set an award aside. This article also highlights certain recurring fact patterns commonly seen when parties try to argue in favour of such a discretion, and studies how the courts in various jurisdictions have treated these similar situations.
Article 34 Model Law, Article 34(3) Model Law, Article 5 Model Law, Setting aside of award, Challenge of award, Annulment of award, Time limit for application, Time bar to application, Three months, 28 days
‘If Everyone Is Thinking Alike, Then No One Is Thinking’: The Importance of Cognitive Diversity in Arbitral Tribunals to Enhance the Quality of Arbitral Decision Making
Authors: Allen Nathalie , Díaz Córdova Leonor , Hall Natalie 
Published: March 2022

The popularity and longevity of international arbitration depends heavily on the quality of arbitral awards, the arbitral process, and the tribunals appointed by practitioners and institutions. In this article, the authors argue that practitioners and institutions need to consider a more diverse range of candidates for arbitrator appointments, to enlarge and diversify the pool of arbitrators. Not only does diversity make sense from an ethical standpoint, but research has also shown that increased cognitive diversity is required to reduce the risk of biased decision making and improve the quality of awards. More cognitively diverse arbitral tribunals are therefore necessary to preserve the continued legitimacy and success of international arbitration.
diversity, cognitive diversity, arbitrator appointment, groupthink, biases, attitudinal bias, confirmation bias, anchoring bias, egocentricity bias, Halliburton
Enforcement of Emergency Arbitrator Decisions: Dream or Reality? The French Perspective
Authors: Chevalier Maxime 
Published: March 2022

Emergency arbitration is a recent and significant development in the field of international arbitration. The enforcement of emergency arbitrator decisions is necessary to ensure the full efficiency of the mechanism. This subject is of great interest because the recourse by arbitration users to emergency arbitration for the issuance of interim measures is usually impacted by enforcement concerns. Thus, it is necessary to provide potential emergency arbitration users with an answer with regard to the possible enforcement of emergency arbitration awarded interim measures. This article aims to show that, contrary to popular belief, the enforcement of emergency arbitrator interim measures would be feasible in France.
We will demonstrate that the emergency arbitrator should enjoy a similar status as an arbitral tribunal. Even if there exist no mechanisms for the enforcement of arbitral orders in France, interim measures could be enforced as arbitral awards. Indeed, emergency arbitrator decisions might be considered as being final and, thus, qualify as an award subject to exequatur procedure. Moreover, we will suggest providing emergency arbitration users with an alternative enforcement mechanism which consists of indirectly enforcing the emergency arbitrator decision on the grounds of breach of contract through référé emergency proceedings.
Emergency arbitration, Emergency arbitrator, France, Interim measures, Order, Enforcement, Emergency award, SNPC v. Total Fina, Otor v. Carlyl, Référé
Finite difference method with laplace transform technique for vertical drains
Authors: Nguyen Van Duong , Tran Thi Vinh 
Published: March 2022

The paper present finite diference method (FDM) with Laplace transform technique for vertical drains. This method is capable of simulation of multi loading with time and complex boundary conditions. The Laplace transform technique is also ultilized in order to simplify the derivative function of time to an algebra function. The discreted function then can easily determine the pore pressure at each points. The pore pressure and average consolidation degree by the present solution shows good agreement with previous solutions in three differences load applying: instant loading, single ramp loading and multi-ramp loading. This paper also proposes a discreted 10 points is a practical application for multi-ramp loading with the error in predicting average consolidation degree less than 5%. In order to verify the efficient of the present solution, a real embankment treated by vertical drains with vacuum consolidation technique are analyzed. The pore pressures and settlements have been compared with field data and previous researchs.