Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages...

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...

The hallmark of Judge Posner's class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle. Although he championed class actions, especially as a way to provide efficient justice in...

The article analyses the fundamental premises of the differentiation between substantive and procedural rules in private international law and arbitration. The author opens the paper with the general differentiation between substantive and procedural rules and the reasons for such...

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved and how the changing landscape has developed.This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal...

Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...

This Article uncovers the history of a long-forgotten English court system, the “fire courts,” which Parliament established to resolve dispute between landlords and tenants in urban areas destroyed in catastrophic fires. One of the fire courts' remarkable features was the delegation of...

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...