Despite the judiciary's central role in the capitalist market system, micro-level empirical analyses of courts in post-socialist countries are remarkably rare. This paper draws on a unique hand-collected dataset of commercial claims filed at Slovenian courts to examine the determinants of two...

Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...

A question periodically arises in the context of both international and domestic commercial arbitration, as to whether a court should stay or alternatively refuse to stay proceedings in the court in order to avoid or minimise a multiplicity of proceedings – arbitral and curial – focusing on...

When drafting an agreement between a client and its Chinese counterparty, one of the central questions is how conflicts shall be resolved that may arise out of the agreement. Based on the skepticism about the Chinese judicial system, concerns about local protectionism, and the inability to...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

Using newly collected data on the labor dispute in Taiwan, we study the selection process of cases settled out of court, cases dropped after settlement fails, and cases actually brought to the court. We find that the size of the stakes plays an important role in the interrelation between...

This paper, prepared within the framework of the studies of the International Academy of Comparative Law, according to a questionnaire prepared by Professor Filip de Ly, the general rapporteur of this subject for the Academy, analyzes critically and comprehensively the whole range of anti-suit...