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Private information and limited enforcement are two frictions that impede the provision of first best insurance against income risk. To mitigate these frictions, insurers make costly investments into technologies such as auditing and enforcement. The implicit assumption throughout most of the...
Persistent link: https://www.econbiz.de/10013120548
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
If a creditor does not succeed in the extrajudicial collection of his money claim, in the Netherlands the debt is normally recovered by initiating ordinary court proceedings. This is necessary in order to obtain an enforceable title, which enables a creditor to enforce his claim. Research has...
Persistent link: https://www.econbiz.de/10013082528
This paper studies the transition of contract enforcement institutions. The prevalence of relational contracts, low legal quality, strong cultural preference for personalistic relationships, low social mobility, and highly unequal endowment form a cluster of mutually reinforcing institutions...
Persistent link: https://www.econbiz.de/10012733491
In the past three decades, the world has witnessed the fast economic growth of Vietnam, which has become one of the most attractive destinations for foreign direct investment in the region. Vietnam has also actively participated in the world trading system since its successful accession to the...
Persistent link: https://www.econbiz.de/10012971594
Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. At such moments, arbitration law normally includes two limbs: first, to hold parties to their...
Persistent link: https://www.econbiz.de/10013013617
The unparalleled economic growth of the People’s Republic of China (hereafter China, or the PRC) has resulted in a paradigm shift in its legal regime. Once a comparatively closed market to the world, China now faces an unprecedented surge of international business and movement of global...
Persistent link: https://www.econbiz.de/10013238110
Tackling corruption regularly appears on the agendas of almost all governments. Anti-corruption public policies aim to prevent corrupt behaviour both at the highest levels of government and in everyday social life. On the one hand, corruption seriously undermines the democratic principles of the...
Persistent link: https://www.econbiz.de/10013205984
A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor arbitration's basic procedural integrity, which...
Persistent link: https://www.econbiz.de/10013032247
A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study...
Persistent link: https://www.econbiz.de/10012318059