Disputes occurring in PPP projects pervade three interfacing levels of agreements: internal, downstream, and peripheral. PPP disputes have been free from arbitral dispute resolution and their legal environment is uncertain and deregulated. While project partners appear to have a natural monopoly...

This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities afforded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...

Arguments are statements used to persuade someone or in support of a claim. However, these are not perfect and part are be exploited by the opponent to build its own argumentation. In this paper we present a litigation success function (LSF) that considers the quality of the plainti¤ and...

We examine how partners in vertical exchange relationships actually resolve disputes that are sufficiently serious to get lawyers involved. Reaching beyond the usual domain of organizational and management research we leverage findings from law and economics to offer a novel organizational...

The so-called English Rule in § 91 ZPO has a longstanding tradition in German civil litigation. Although this “loser pays”- fee shifting can raise severe problems like sharply reducing access to the courts for parties of moderate means, the adaption of alternative cost regimes like the...

This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a...

We study the effect of encouraging private actions for breaches of competition law. We develop a model in which a plaintiff, who may have private information about whether a breach of law has been committed, decides whether to open a case against a defendant. If opened, the case may be settled...

In this article, we study the effects of encouraging private actions for breaches of competition law. We also analyze how to design a private litigation system which deters anticompetitive actions without deterring legitimate pro-competitive actions.

This paper used individual level data in Japan to explore how a complainant’s past trial experience influences their satisfaction and incentive to bring a future lawsuit. Controlling for kinds of incidents and a complainant’s individual characteristics, the major findings were; (1) there is a...

ABSTRACT On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (Dispute Settlement Understanding; DSU) entered into force. Since 1998, negotiations to review and reform the DSU have taken place (DSU review), however without yielding any result so far....