Global Order Beyond Law,: How Information and Communication Technologies Facilitate Relational Contracting in International Trade (International Studies in the Theory of Private Law) by Thomas Dietz

Author:Thomas Dietz [Dietz, Thomas]
Language: eng
Format: epub
ISBN: 9781782252016
Publisher: Bloomsbury Publishing
Published: 2014-12-01T02:00:00+00:00

KEY FINDINGS

In summary, comparable to their counterparts in the first two scenarios, when they supply software applications to customers abroad, Indian companies do not rely on enforcing contractual claims with the help of state enforcement bodies. State contract law does not create transactional security. Although Indian suppliers can, in principle, enforce contracts with the help of courts in countries like Germany, as with the Bulgarian and Romanian software companies, the lack of knowledge of foreign legal systems prevents Indian companies, in the end, from using the court system as a governance mechanism. Moreover, the findings of the Indian case study indicate that state contract law does not just fail to reduce, but, rather, increases the uncertainty of cross-border transactions.

The third case study, however, demonstrates that Indian providers do not exclusively rely on the informal and spontaneous forms of economic governance—as is primarily the case for German offshore customers—they also accept the help of private arbitration courts in some cases. This enforcement system merges state and private elements of economic governance into a hybrid mechanism (private–public governance regime). However, state courts are consistently avoided. In the end, the mechanism of the self-enforcing contract is of decisive significance in the Indian case study, similar to the Bulgarian–Romanian case study. Figure 6 summarises the findings of the third case study.

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