Business / Commercial Law

Economic value of the judiciary: A pilot study for five countries on volume, value and duration of large commercial cases

By Caroline Costello, et al.
Eleven International Publishing June 2021

Specifications

ISBN-13
9789462362093
Publisher
Eleven International Publishing
Publication
June 2021
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book documents an empirical inquiry into the number, value and duration of large commercial court cases in five countries from different parts of Europe: Ireland, Italy, Lithuania, the Netherlands and Norway. It is an exploratory study as for each country data had to be extracted from the case registration systems of the courts. The study shows that a substantial part of economic activity is ‘paralyzed’ by disputes that are fought out in the courts. This has broad negative consequences for the countries in question. There are large differences in the number, value (as measured by reference to the claims) and duration of these court cases. All five judiciaries can improve their performance, to a greater or lesser degree, with Italy (volume, duration), Lithuania (volume) and the Netherlands (duration) having much to gain.

The study is of interest for its outcomes, but also from a methodological perspective, as it shows the necessity of taking the diversity of court cases into account and a method to achieve this. While the economic analysis is relatively simple and the analysis is confined to one type of dispute, the outcomes clearly show the importance of the legal/ judicial system for the economy.

Table of Contents

1. Introduction
2. Economic literature on courts and economic performance
3. Existing data on civil litigation
4. Comparison of volume and value of commercial litigation
4.1 Volume and value of all commercial cases in the Netherlands and Norway
4.2 Volume and value of commercial cases in Lithuania and the Netherlands
4.3 Volume and value of commercial cases above EUR 1 million for five countries
4.4 Value of adjudicated cases versus value at stake in commercial litigation at the courts
5. Comparison of the costs of high value litigation
5.1 Costs of large volume of high value litigation
5.2 Performance and costs of high value commercial procedures
5.2.1 Duration
5.2.2 Appeal rates
5.2.3 Interaction of the volume and duration of court cases
5.2.4 Conclusions based on administrative data of courts
6. Comparison of commercial procedures in detail
6.1 Case selection
6.2 Analysis of case description per jurisdiction
6.3 Analysis of case descriptions across jurisdictions
7. Discussion
References
Annex 1. Description of civil procedure in five countries, relevant for the case study
Annex 2. Case descriptions
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