NDLI: To Arbitrate or To Litigate: That Is the Question

Content Provider	Springer Nature Link
Author	Benson, Bruce L.
Copyright Year	1999
Abstract	The benefits of interjurisdictional competition, particularly with a customary law option, are discussed. Arbitration can be a mechanism for choosing among systems of substantive law if effective sanctions back arbitration. Powerful groups capture wealth by manipulating monopolized law, however, and arbitrators' decisions must correspond with expectations about how they will be viewed under review if a coercive monopoly provides sanctions, so conditions necessary for establishing alternative sanctions are explored. Finally, historical efforts to eliminate or absorb customary commercial law are discussed in light of the analysis of interjurisdictional competition, and the potential for encouraging such competition in emerging markets is considered.
Starting Page	91
Ending Page	151
Page Count	61
File Format	PDF
ISSN	09291261
Journal	European Journal of Law and Economics
Volume Number	8
Issue Number	2
e-ISSN	15729990
Language	English
Publisher	Kluwer Academic Publishers
Publisher Date	1999-01-01
Publisher Place	Boston
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Commercial Law Public Finance & Economics Political Science
Content Type	Text
Resource Type	Article
Subject	Business and International Management Law Economics and Econometrics

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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To Arbitrate or To Litigate: That Is the Question