Law Firms and Export Insurance Companies

Fabian Sosa ()

No 53 / 2015, ZenTra Working Papers in Transnational Studies from ZenTra - Center for Transnational Studies

Abstract: In the age of globalization the relevance of international trade has increased tremendously. As a consequence, many transactions go beyond the legal framework of the nation state. Mechanisms provided by the nation states are not anymore suitable to secure international transactions. The enforcement of cross-border claims is complicated by legal and practical problems. Arbitration has an increasing importance for cross-border conflict resolution, but it is not able to replace state court proceedings. The author analyses this topic from the perspective of international law-firms based on existing studies, statistics, and his experience as international lawyer. On the basis of 30 practical cases the author provides insight into the claim management in the export insurance industry, a sector where private actors (export insurance companies and law-firms) use litigation as central instrument for cross-border conflict resolution. The analysis shows that export insurance provides an important contribution in this context, in particular for small and midsized companies regarding their possibilities to reduce the payment default risk in international business relationships.

Keywords: Commercial law; cross-border transactions; global trade; contract enforcement; private ordering; international arbitration; international contracts; national courts; international law-firms; claim management; export insurance (search for similar items in EconPapers)
JEL-codes: A14 F14 F15 F23 K K12 K41 K42 L14 L22 (search for similar items in EconPapers)
Pages: 26 pages
Date: 2015-05
New Economics Papers: this item is included in nep-ias and nep-law
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