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    Overcoming institutional voids via arbitration

    Access Status
    Fulltext not available
    Authors
    Pinkham, B.
    Peng, Mike
    Date
    2017
    Type
    Journal Article
    
    Metadata
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    Citation
    Pinkham, B. and Peng, M. 2017. Overcoming institutional voids via arbitration. Journal of International Business Studies. 48 (3): pp. 344-359.
    Source Title
    Journal of International Business Studies
    DOI
    10.1057/s41267-016-0026-z
    ISSN
    0047-2506
    School
    School of Management
    URI
    http://hdl.handle.net/20.500.11937/53670
    Collection
    • Curtin Research Publications
    Abstract

    Extending the literature on institutional voids, we introduce theory from law that highlights the ability of firms to choose the laws and enforcement mechanisms that govern their international joint ventures (IJVs). Specifically, firms may overcome institutional voids by borrowing institutions via binding international commercial arbitration (BICA) rather than relying on host-market institutions. Leveraging an institution-based view, we develop a theoretical framework to articulate the conditions under which IJV partners may choose BICA as opposed to domestic courts to overcome institutional voids in host markets.

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