Triggers of Contract Breach : Contract Design, Shocks, or Institutions?
This paper constructs a large contract-level data set to examine factors that trigger breach of foreign investment contracts. Similar to the case of outright expropriation, political regime type is an important determinant of breach of contract. Fu...
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Language: | English en_US |
Published: |
World Bank, Washington, DC
2014
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Online Access: | http://documents.worldbank.org/curated/en/2014/01/18756215/triggers-contract-breach-contract-design-shocks-or-institutions http://hdl.handle.net/10986/16813 |
Summary: | This paper constructs a large
contract-level data set to examine factors that trigger
breach of foreign investment contracts. Similar to the case
of outright expropriation, political regime type is an
important determinant of breach of contract. Furthermore,
although investors' bargaining power becomes obsolete
as contracts mature, contracts can be designed to mitigate
the risk of breach of contract by involving multilateral
organizations and creating buffers to absorb commodity price
shocks. The paper examines the type of countries prone to
contract breaches. After controlling for regional and sector
fixed effects, less-democratic and resource-dependent
governments are more likely to breach contracts, especially
after large global shocks, notably natural disasters. |
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