This paper adopts a systems-design approach to focus courts and lawyers on the hitherto unexamined question of how involving lawyers in the design, development, and implementation of online dispute resolution (ODR) programs, will strengthen ODR justice outcomes and court-delivered justice...

Alternative dispute resolution (ADR) is the name given to the methods where parties in a dispute come to a compromise or settle their dispute without going to court. (ADR) refers to a set of practices and techniques aimed at permitting the resolution of legal disputes outside the courts. The...

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss...

Asymmetric information is widely considered to be a major obstacle to settlements. We argue that litigants facing asymmetric information can use a simple add-on to the settlement offer in order to overcome the information barriers to settlements. In particular, the informed party can promise to...

We develop screening models of final offer arbitration (FOA) in which the uninformed party makes a demand to the informed party. We consider models in which settlement occurs before and after the submission of binding offers, and in each we analyze costly discovery. Our results are compared to...

We develop a signaling model of final offer arbitration (FOA) in which the informed party makes the final settlement demand to the uninformed party. In FOA, each party submits a proposal to an arbitrator and if no agreement is reached, the arbitrator must select one of the two submitted...

The role of entrepreneurship to promote the economic development of countries has been recognized in recent decades, mainly because of the transformations that countries have experienced the level of their economic, political, social and cultural environment.This article has as objective to...

The five contributions in this legal working paper discuss various aspects of investment arbitration. They were originally presented at the ECB legal colloquium on ‘The new challenges raised by investment arbitration for the EU legal order’ which took place in Frankfurt am Main in 2019.

The advent of third-party litigation finance introduces a new gatekeeper to the legal process. Before deciding to lend money to a plaintiff, a litigation finance company will conduct at least some review and make an assessment of the quality of the case.Since litigation finance loans are...

This paper argues that firms have an informational advantage over consumers in selecting arbitrators in consumer arbitration. We document how the selection process impacts arbitration outcomes by studying roughly 9,000 consumer arbitration cases in the securities industry. Securities disputes...

This paper studies the impact of the arbitrator selection process on consumer outcomes by examining roughly 9,000 consumer arbitration cases in the securities industry. Securities disputes present a good laboratory: arbitration is mandatory for all disputes, eliminating selection concerns; the...

This article empirically studies current claims that patent assertion entities (PAEs), sometimes referred to as ‘patent trolls' or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores...

Contractual joint ventures, sometimes also called as "consortiums", where several participants, without creating a new entity, unite their personal efforts and material resources with a view of achieving a certain common goal, remain a popular organizational form of large-scale international...

It is presently in style to speculate about the disruptive potential of the “gig economy.” Will enterprises like Uber and Lyft change the way we get around, undoing taxi monopolies in the process? And what happens when tens of thousands of workers find work by logging onto a platform? Do the...

This article provides a thorough analysis of the use of online arbitration in online disputes. It first defines online arbitration and provides a categorization of its different kinds. It then establishes which category of online arbitration is more suitable for e-commerce disputes considering...

This article was not posted to SSRN when originally published. The first section of the article explores the potential of international commercial arbitration for helping to solve the "legal infrastructure" dilemma common to most developing economies: how to provide the legal institutions upon...

Energy-related investments have been on a track of constant development since the global expansion of energy utilization and the rapid increase of energy demand both regarding industrial use and consumer consumption. Fundamental trends in the European Union and the world at large provide an...

We find consistent evidence of negative autocorrelation in decision-making that is unrelated to the merits of the cases considered in three separate high-stakes field settings: refugee asylum court decisions, loan application reviews, and major league baseball umpire pitch calls. The evidence is...