IDEAS home Printed from https://ideas.repec.org/p/zbw/tufwps/200507.html
   My bibliography  Save this paper

The Puzzling Underuse of Arbitration in Post-Communism: A Law and Economics Analysis

Author

Listed:
  • Schönfelder, Bruno

Abstract

The paper attempts to explain the failure of postcommunist traders exemplified by Balkan traders to make use of arbitration courts by means of the rational choice of forum approach offered by the law and economics movement. Conjectures about traders? behaviour derived by combining this approach with the constraints set by institutional features of Balkan countries, in particular Bulgaria and Croatia, are confronted with experience. As it turns out the successes yielded by the rational choice of forum approach are very limited. This may be a dissapointment to its most fervent advocates, but is nevertheless useful, because it suggests a more flexible approach.

Suggested Citation

  • Schönfelder, Bruno, 2005. "The Puzzling Underuse of Arbitration in Post-Communism: A Law and Economics Analysis," Freiberg Working Papers 2005/07, TU Bergakademie Freiberg, Faculty of Economics and Business Administration.
    • Handle: RePEc:zbw:tufwps:200507
    as

    Download full text from publisher

    File URL: https://www.econstor.eu/bitstream/10419/22511/1/schoenfe_7_2005.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Benson, Bruce L, 1995. "An Exploration of the Impact of Modern Arbitration Statutes on the Development of Arbitration in the United States," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(2), pages 479-501, October.
    2. Bruno Schönfelder, 2005. "Judicial Independence in Bulgaria: A Tale of Splendour and Misery," Europe-Asia Studies, Taylor & Francis Journals, vol. 57(1), pages 61-92.
    3. Stefan Voigt (ed.), 2003. "Constitutional Political Economy," Books, Edward Elgar Publishing, volume 0, number 2921.
    4. Greif, Avner & Milgrom, Paul & Weingast, Barry R, 1994. "Coordination, Commitment, and Enforcement: The Case of the Merchant Guild," Journal of Political Economy, University of Chicago Press, vol. 102(4), pages 745-776, August.
    5. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
    6. Bruce L. Benson, 2001. "Law and economics," Chapters, in: William F. Shughart II & Laura Razzolini (ed.), The Elgar Companion to Public Choice, chapter 26, Edward Elgar Publishing.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Peter T. Leeson, 2008. "How Important is State Enforcement for Trade?," American Law and Economics Review, American Law and Economics Association, vol. 10(1), pages 61-89.
    2. Bruce Benson, 1999. "To Arbitrate or To Litigate: That Is the Question," European Journal of Law and Economics, Springer, vol. 8(2), pages 91-151, September.
    3. Edward Stringham & Todd Zywicki, 2011. "Rivalry and superior dispatch: an analysis of competing courts in medieval and early modern England," Public Choice, Springer, vol. 147(3), pages 497-524, June.
    4. Bruce Benson, 2006. "Contractual nullification of economically-detrimental state-made laws," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 19(2), pages 149-187, June.
    5. Benson Bruce L., 2000. "Jurisdictional Choice in International Trade: Implications for Lex Cybernatoria," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 10(1), pages 1-30, March.
    6. Samuelson, Larry & Stacchetti, Ennio, 2017. "Even up: Maintaining relationships," Journal of Economic Theory, Elsevier, vol. 169(C), pages 170-217.
    7. Stringham, Edward, 2003. "The extralegal development of securities trading in seventeenth-century Amsterdam," The Quarterly Review of Economics and Finance, Elsevier, vol. 43(2), pages 321-344.
    8. Jens Prüfer, 2016. "Business Associations and Private Ordering," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(2), pages 306-358.
    9. Armelle Mazé & Claude Ménard, 2010. "Private Ordering, Collective Action, and the Self-Enforcing Range of Contracts. The Case of French Livestock Industry," Post-Print halshs-00624288, HAL.
    10. Alexander Fink, 2012. "The Hanseatic League and the Concept of Functional Overlapping Competing Jurisdictions," Kyklos, Wiley Blackwell, vol. 65(2), pages 194-217, May.
    11. Bruce L. Benson, 2017. "Customary commercial law, credibility, contracting, and credit in the high Middle Ages," Chapters, in: Todd J. Zywicki & Peter J. Boettke (ed.), Research Handbook on Austrian Law and Economics, chapter 7, pages 129-177, Edward Elgar Publishing.
    12. Clay, Karen, 1997. "Trade, Institutions, and Credit," Explorations in Economic History, Elsevier, vol. 34(4), pages 495-521, October.
    13. Avner Greif, 1997. "On the Social Foundations and Historical Development of Institutions that Facilitate Impersonal Exchange: From the Community Responsibility System to Individual Legal Responsibility in Pre-modern Euro," Working Papers 97016, Stanford University, Department of Economics.
    14. Peter T. Leeson, 2003. "Contracts Without Government," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 18(Spring 20), pages 35-54.
    15. repec:dau:papers:123456789/13241 is not listed on IDEAS
    16. Leeson,Peter T., 2014. "Anarchy Unbound," Cambridge Books, Cambridge University Press, number 9781107025806.
    17. Annen, Kurt, 2003. "Social capital, inclusive networks, and economic performance," Journal of Economic Behavior & Organization, Elsevier, vol. 50(4), pages 449-463, April.
    18. Benito Arruñada & Veneta Andonova, 2008. "Market Institutions and Judicial Rulemaking," Springer Books, in: Claude Ménard & Mary M. Shirley (ed.), Handbook of New Institutional Economics, chapter 10, pages 229-250, Springer.
    19. Aldashev, Gani & Zanarone, Giorgio, 2017. "Endogenous enforcement institutions," Journal of Development Economics, Elsevier, vol. 128(C), pages 49-64.
    20. Peter T. Leeson, 2008. "Social Distance and Self-Enforcing Exchange," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 161-188, January.
    21. Gillian Hadfield, "undated". "Contract Law is Not Enough: The Many Legal Institutions That Support Contractual Commitments," University of Southern California Legal Working Paper Series usclwps-1003, University of Southern California Law School.

    More about this item

    Keywords

    Schiedsspruch; Verfahrensdauer; Parteilichkeit; Berufungsverfahren; Rechtsfortbildung; arbitration awards; court congestion; favoritism; appeals process; lawmaking;
    All these keywords.

    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • P37 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - Legal
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:zbw:tufwps:200507. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ZBW - Leibniz Information Centre for Economics (email available below). General contact details of provider: https://edirc.repec.org/data/fwfrede.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.