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...

Parties often exchange promises of future performance with one another. Legal systems frame and regulate contracts involving the exchange of bilateral promises of future performance differently from one another. Two conceptual and practical questions often arise in these bilateral situations....

The use of standard contracts is usually explained by generic transaction costs. In a model where more resourceful parties can distort enforcement, we show that standard contracts reduce enforcement distortions by simplifying judicial interpretation of preset terms, training judges on a subset...

The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of...

A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on the other hand, aims to provide a thorough and critical...

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...

This paper discusses a series of ECJ judgments on national mortgage enforcement proceedings in light of the Directive on Unfair Terms in Consumer Contracts. According to the Court, national courts must be able to provide interim measures suspending mortgage enforcement proceedings, thereby...

This article argues for an economic approach to a widely-debated issue in the international commercial arbitration literature: whether arbitration awards vacated in the arbitral situs should nonetheless be enforceable in other jurisdictions. Under this economic approach, parties should be...

The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of...