Abstract

http://ssrn.com/abstract=735283
 
 

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Private Dispute Resolution in the Card Context: Structure, Reputation, and Incentives


Andrew P. Morriss


University of Alabama School of Law; PERC - Property and Environment Research Center; George Mason University - Mercatus Center

Jason Korosec


Case Western Reserve University School of Law; EagleCheck, Ltd.; Citishare Corporation

June 2005

Case Legal Studies Research Paper No. 05-12

Abstract:     
Explosive growth in credit, debit, and other card payment systems in recent years has produced a parallel growth in private dispute resolution systems based on the web of contracts entered into by merchants, merchant acquirers, consumers, card issuers, card associations, and transaction processors. These contracts have produced a legal system based on contract and whose enforcement rests primarily on reputational constraints. To cost-effectively resolve disputes, these private legal systems have evolved innovative procedures, including incentive-payments for producing information, rigid deadlines for parties' actions, and the use of the lowest-possible level resources to resolve disputes. This paper describes and analyzes these legal systems and their procedures as a potential model for resolving other categories of disputes.

Number of Pages in PDF File: 96

Keywords: Private Dispute Resolution, Private Legal Systems, Credit Cards, Debit Cards, High Cost, Lack of Speed, Due Process, Fairness, Payment System, Value Transfer Network, Chargebacks, Retrievals

JEL Classification: K10, K12, K29, K41

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Date posted: June 3, 2005  

Suggested Citation

Morriss, Andrew P. and Korosec, Jason, Private Dispute Resolution in the Card Context: Structure, Reputation, and Incentives (June 2005). Case Legal Studies Research Paper No. 05-12. Available at SSRN: http://ssrn.com/abstract=735283 or http://dx.doi.org/10.2139/ssrn.735283

Contact Information

Andrew P. Morriss (Contact Author)
University of Alabama School of Law ( email )
P.O. Box 870382
Tuscaloosa, AL 35487
United States
PERC - Property and Environment Research Center ( email )
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States
George Mason University - Mercatus Center ( email )
3401 N. Fairfax Dr.
Ste. 450
Arlington, VA 22201-4433
United States
Jason A. Korosec
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
+1.440.729.5601 (Phone)
+1.440.729.7300 (Fax)
HOME PAGE: http://law.case.edu
EagleCheck, Ltd. ( email )
4829 Galaxy Parkway, Suite A
Cleveland, OH 44128-5941
United States
+1.440.729.5601 (Phone)
+1.440.729.7300 (Fax)
HOME PAGE: http://www.eaglecheck.com
Citishare Corporation ( email )
12th Floor, Zone One
One Court Square
Long Island City, NY 11120-0002
United States
+1.718.248.7737 (Phone)
+1.718.989.7335 (Fax)
HOME PAGE: http://www.citigroup.com
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