Introduction and Scope For many years, parties have turned to Alternative Dispute Resolution (ADR) methods to resolve disputes. ADR methods allow the parties to customize the process of resolving a particular dispute. One ADR method which has emerged in recent years is commonly referred to as the Collaborative Law process. The touchtone of Collaborative Law is an advance agreement, often referr...

This paper examines whether historical wealth distributions can affect long run output and distribution despite rational saving behavior and the absence of any technological nonconvexities or externalities. We consider a model of equilibrium short period financial contracts, where poor agents face credit constraints owing to moral hazard and limited liability, and principals and agents are rand...

Advancing upon taxonomical research on interfirm alliances, we investigate the design of entrepreneurial firms’ alliances in more fine-grained terms by focusing on the specific contractual provisions that firms negotiate into their alliance contracts. Drawing upon transaction cost arguments, we examine the determinants of the contractual complexity of collaborative agreements in the German tele...

It has recently been argued by a number of writers that the evolutionary theory of the firm is a genuine theoretical rival to the contractual theory of the firm. This paper presents a reconstruction of the evolutionary theory of the firm. A taxonomy developed by the Polish philosopher Krajewski is then utilized for the purpose of the discussing the relations between the evolutionary and the con...

This study investigates the role of information technologies (IT) in the governance of IT outsourcing relationships. Managers rely on contractual and relational governance to manage IT outsourcing projects. In addition, they use dedicated IT solutions to make the governance more efficient. While the role of IT in supporting the two governance approaches is appreciated in practice, it has not ye...

This paper describes the Contract Expression Language (CEL), currently being developed at the industry consortium Content Reference Forum. The CEL is an XMLbased language designed to express contractual agreements between different parties for the purposes of capturing and communicating contractual information, and facilitating contract execution and enforcement by machines with respect to gran...

Information security operations necessary to protect the confidentiality, integrity, and availability of an organization’s information systems against attacks represent substantial investments in technologies, tools, and human resources. Typically, the relationship between the supplier of an information system and its users is regulated by a Service Level Agreement, and the supplier must determ...

We investigate the logical foundations of contracts in distributed applications. A contract is an agreement stipulated between two or more parties, which speci es the duties and the rights of the parties involved therein. We model contracts as formulae in an intuitionistic logic extended with a contractual form of implication . This supports for a variant of Modus Ponens, where from a promise a...

In this paper we deene several properties necessary for electronic commerce. Principal among these are the ACID contractual properties of agreement, causality, isolation, and durability. Although similar to the ACID database transactional properties, our ACID properties are derived more directly from the elements of contract law. Also included are the security properties of privacy , authentica...