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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Bibliographic Details
Main Author: Nose, Manabu
Language:English
en_US
Published: World Bank, Washington, DC 2014
Subjects:
NPL
TAX
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
Description
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.