This paper analyzes the impact of FORIS contracts on litigation and settlement decisions using a simple divergent-expectations model. A FORIS contract introduces contingent fee arrangements under the British legal cost allocation rule: the plaintiff pays a percentage of his settlement or trial returns to FORIS and obtains coverage for trial costs in case he loses in court; the plaintiff?s attorney receives the standard fee. We take into account the sequential nature of the settlement and trial decisions. Without FORIS contracts, only cases with positive expected value provide credible threats for the plaintiff and thereby motivate the defendant to agree to a settlement. A FORIS contract has two important effects: cases with negative expecte...
German business contracts are much shorter than their American counterparts. They also avoid the wor...
In this paper, we analyze three different ways to finance litigation, namely (i) self-finance by pla...
We advance a theory explaining the use in commercial contracting of specific and vague terms (rules ...
This paper analyzes the impact of FORIS contracts on litigation and settlement decisions using a sim...
We present, for the first time, a model of recent institutional developments in litigation funding a...
The papers show that Legal Cost Insurance (LCI) is a device to enhance potential litigants' bargaini...
The so-called English Rule in § 91 ZPO has a longstanding tradition in German civil litigation. Alth...
Legal Cost Insurance (LCI) is not only a device to reallocate risk, but also to enhance an insured's...
"A simple action-theoretic framework is used to examine symmetric litigation environments where the ...
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending tri...
Two risk‐averse litigants with different subjective beliefs negotiate in the shadow of a pending tri...
Under contingent fees the attorney gets a share of the judgement; under conditional fees the lawyer ...
Mutually beneficial agreements might fail if the parties fear contractual opportunism. Litigation is...
Under contingent fees the attorney gets a share of the judgement; under conditional fees the lawyer ...
We study a contracting model with unforeseen contingencies in which the court is an active player. E...
German business contracts are much shorter than their American counterparts. They also avoid the wor...
In this paper, we analyze three different ways to finance litigation, namely (i) self-finance by pla...
We advance a theory explaining the use in commercial contracting of specific and vague terms (rules ...
This paper analyzes the impact of FORIS contracts on litigation and settlement decisions using a sim...
We present, for the first time, a model of recent institutional developments in litigation funding a...
The papers show that Legal Cost Insurance (LCI) is a device to enhance potential litigants' bargaini...
The so-called English Rule in § 91 ZPO has a longstanding tradition in German civil litigation. Alth...
Legal Cost Insurance (LCI) is not only a device to reallocate risk, but also to enhance an insured's...
"A simple action-theoretic framework is used to examine symmetric litigation environments where the ...
Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending tri...
Two risk‐averse litigants with different subjective beliefs negotiate in the shadow of a pending tri...
Under contingent fees the attorney gets a share of the judgement; under conditional fees the lawyer ...
Mutually beneficial agreements might fail if the parties fear contractual opportunism. Litigation is...
Under contingent fees the attorney gets a share of the judgement; under conditional fees the lawyer ...
We study a contracting model with unforeseen contingencies in which the court is an active player. E...
German business contracts are much shorter than their American counterparts. They also avoid the wor...
In this paper, we analyze three different ways to finance litigation, namely (i) self-finance by pla...
We advance a theory explaining the use in commercial contracting of specific and vague terms (rules ...