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Using new field-level and international survey evidence we highlight one channel via which weak legal institutions may lower Indian productivity and growth. We provide evidence that top executives in Indian firms are highly centralized and do not delegate functional responsibility and decision making to middle-management. Case-study evidence and large-scale firm surveys suggest executives fear that managers will misappropriate firm assets given the opportunity to do so, in part because the weak legal system is unlikely to successfully punish the culprits and recover the assets. As a result, firms' growth potential is limited because of the limited time and attention of the top executives. This can help explain why Indian firms are smaller on average than those in the US or Europe. It can also explain why there is less reallocation of capital and labor from low productivity to high productivity firms in India, since otherwise-successful firms find it harder to grow. As a result, weak legal institutions may play a potentially important role in reducing aggregate productivity and growth in India.

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Thomas C. Heller
Erik Jensen
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The significant increase in the role of international trade in the economic development of nations over the last few decades has been accompanied by a considerable increase in the number of commercial disputes as well. In India too, rapid globalization of the economy and the resulting increase in competition has led to an increase in commercial disputes. At the same time, however, the rate of industrial growth, modernization, and improvement of socio-economic circumstances has, in many instances, outpaced the rate of growth of dispute resolution mechanisms. In many parts of India, rapid development has meant increased caseloads for already overburdened courts, further leading to notoriously slow adjudication of commercial disputes. As a result, alternative dispute resolution mechanisms, including arbitration, have become more crucial for businesses operating in India as well as those doing businesses with Indian firms.

Keeping in mind the broader goal of exploring links between the quality of legal performance and economic growth, this paper is an attempt to critically evaluate arbitration in India as a legal institution. To this end, this paper presents an empirical inquiry into the state of arbitration, as well as a more theoretical examination of the political economy and arbitration as developed and practiced in India. In sum, although the huge influx of overseas commercial transactions spurred by the growth of the Indian economy has resulted in a significant increase of commercial disputes, arbitration practice has lagged behind. The present arbitration system in India is still plagued with many loopholes and shortcomings, and the quality of arbitration has not adequately developed as a quick and cost-effective mechanism for resolution of commercial disputes.

In this paper, the evolution of arbitration law and practice in India has been explored. Part I of this paper lays out the basics of arbitration in India, with a brief discussion of its history, the statutes that govern arbitration, the types of arbitration practiced, the enforcement of arbitral awards, and the costs of arbitration as compared to those of litigation. Part II explores the working of arbitration in India, while Part III is a critical analysis of the success of arbitration under the 1996 Act. Part IV briefly examines arbitration practice across regions, and the relationship between arbitration and commercial growth. Finally, Part V offers a series of recommendations for improving arbitration practice in India.

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Improving the productivity of small farmers is essential for economic development in most poor countries.  Providing access to timely and relevant information could improve the opportunities available to farmers.  However, there are significant challenges related to literacy, infrastructure, access to technology and social, cultural, institutional and linguistic gaps between producers and consumers of knowledge.  The increased adoption of mobile phones is rapidly reducing the physical barriers of access.  Providing voice-based services via low-cost handsets could empower farmers to become producers as well as consumers of knowledge.  In this talk, I discuss several applications my students and I are developing to explore this potential.  Avaaj Otalo (Gujarati for "voice stoop") is the voice-based equivalent of an online discussion board. Farmers and agricultural experts call a toll-free line to ask questions, provide answers, and listen to each others questions, answers and experiences.  We conducted a six-month trial deployment of Avaaj Otalo with fifty farmers in Gujarat, India. Farmers found it useful to learn both from experts and other farmers, sharing advice on many topics - including the best time to sow fodder, recipes for organic pesticides, and homemade devices to scare away wild pigs at night. Digital ICS allows coffee cooperatives to monitor quality and organic certification requirements, and to be more responsive to farmers' needs.  Field inspectors use mobile phones to document growing conditions and record farmers questions and comments through a combination of text, audio and images.  In a six-month trial deployment, the system significantly reduced operational costs, saving the cooperative approximately $10,000 a year.  The cooperative also obtained richer feedback from its members, which can be used for targeting extension, improving decision-making and reaching out to consumers.  In both of these systems, voice provides not only an accessible interface to information, but a medium for aggregating and representing knowledge itself.  We found this approach more suitable for engaging communities more comfortable with oral forms of communication, for whom text and structured data represent significant barriers to expression.  Most importantly, we have found that rural communities have a deep desire to be "heard", and simply need the tools required to define and achieve "development" on their own terms.

Tapan Parikh's research focuses on the use of computing to support sustainable economic development across the World. I want to learn how to build appropriate, affordable information systems; systems that are accessible to end users, support learning and reinforce community efforts towards empowerment, economic development and sustainable use of natural resources. Some specific topics that I am interested in include human-computer interaction (HCI), mobile computing and information systems supporting microfinance, smallholder agriculture and global health

Summary of the Seminar
Tapan Parikh, of UC Berkeley School of Information, spoke about a number of projects that are using mobile phone based technology to give small businesses the information they need to improve productivity. He argued that voice technology has distinct advantages over text, because it overcomes challenges of illiteracy while responding to a strong need people feel to be heard. 

Information is key for economic development and empowerment. But information is worthless unless it is also useable (leads to decisions the business owner can actually take), trusted (comes from a source he respects) and relevant (speaks about the issues he is facing). For information to be really empowering, it must also be two way: there must be ways for individuals to create content themselves.

Tapan described three current projects he is involved in:

Hisaab: Microfinance groups in India often suffer from poor paper based record keeping, making it difficult for the group to track loans and repayments. The Hissab software was designed with an interface suitable for those who may be illiterate and/or new to computing. The use of voice commands and responses in the local language, Tamil, prevented the software from feeling remote and inaccessible and contributed to the success of this initiative. 

Avaaj Otalo: Agricultural extension workers provide advice to farmers on pests, new techniques etc to help improve yields. But often they have limited reach, visiting areas only rarely, or perhaps lacking the expertise to respond to all the problems they encounter. Avaaj Otalo is a system for farmers to access relevant and timely agricultural information over the phone. By dialing a phone number and navigating through simple audio prompts, farmers can record questions, respond to others, or access content published by agricultural experts and institutions. The service has been hugely popular, with farmers willing to spend time listening to large amounts of material to find what they want. The opportunity to be broadcast was a major attraction, reflecting the desire to be heard and to create media rather than be a passive consumer of it.

Digital ICS: Smallholders' compliance with organic, fair-trade and quality requirements is usually measured via paper based internal inspections. The data uncovered by these is vital but often lost. Digital ICS is a mobile phone based application that allows inspectors to fill out the survey digitally, enhance it with visual evidence (e.g. from camera phones) and upload it onto a web application. This is being piloted with coffee farmers in Mexico. A key finding from the work is that farmers want to know who ends up drinking their coffee, what they pay for it and what they think about it. Greater links between producers and consumers may therefore be another area for this project to investigate.  

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Tapan Parikh Assistant Professor Speaker University of California, Berkeley; affiliate in the Department of Computer Science at the University of Washington
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The Freeman Spogli Institute's Center on Democracy, Development, and the Rule of Law (CDDRL) has established a new Program on Good Governance and Political Reform in the Arab World, the result of a generous gift from the Foundation for Research and Development in the Middle East (FDRDME), based in Geneva, Switzerland.  The program, which runs for five years beginning in September 2009, conducts research, organizes conferences and seminars and sponsors visiting scholars at CDDRL.  The program's scholarly research examines the different social and political dynamics within Arab societies and the evolution of political systems, with an eye on the prospects, conditions, and possible pathways for political reform.

The new program brings together scholars and practitioners from Arab countries and their Western counterparts, as well as local actors of diverse backgrounds, to consider how democratization and more responsive and accountable governance might be achieved, as a general challenge and within specific Arab countries.  Among the program's first research projects is one on transitions from absolute monarchy in historical and comparative perspective. To this effect, are there any lessons that can be drawn from past experiences, and across different settings, and to what degrees can they apply to the Arab world?  A conference taking stock of democratic progress and conditions in the Arab world is planned for May 10-11, 2010.

Center Director Larry Diamond thanked the Foundation for its visionary contribution. "This gift puts Stanford on the map in contemporary Arab studies and will make CDDRL one of the most important academic sites for studying these issues.  In the modern history of the Arab world, there has never been a more compelling and opportune moment to examine current conditions of governance and factors that might facilitate or obstruct democratic change.

"In the modern history of the Arab world, there has never been a more compelling and opportune moment to examine current conditions of governance and factors that might facilitate or obstruct democratic change"

"The striking political continuity in the Arab world is not just of analytic interest, but is a challenge to sustained long-term economic development, stability, and peace." Diamond stated. "From the expressions and actions of vibrant and diverse civil societies in the region, and a growing wealth of public opinion-survey evidence, we know that peoples of the region desire political emancipation and self-determination no less than others around the world.  The challenge is to figure out how indigenous democratic change might be negotiated in ways that generate broad societal consensus and do not risk violence or instability."

"From the expressions and actions of vibrant and diverse civil societies in the region, and a growing wealth of public opinion survey evidence, we know that peoples of the region desire political emancipation and self-determination"

The program is supervised by Diamond and CDDRL Deputy Director Kathryn Stoner-Weiss, and managed by Lina Khatib, in interaction with Professor Olivier Roy, in his capacities as a leading Western scholar of political Islam and as director of FDRDME. Roy, a long-time scholar and research director at the French National Center for Scientific Research (CNRS) who has recently been named Professor of Mediterranean Studies at the European University Institute in Florence, will be a frequent participant in program events and a recurrent visitor to CDDRL.  Other program participants include Hicham Ben Abdallah and Hind Arroub from Morocco, Visiting Scholars at CDDRL, and Sean Yom, a political science PhD from Harvard University, who is a postdoctoral fellow at CDDRL in 2009-10.

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There is a general sense that the legal system in India is inefficient. First, there is over-legislation and unnecessary State intervention, both in the form of statutes and administrative law (rules, regulations, procedures). This increases non-transparency and contributes to rent-seeking, which is not distributionally neutral, because the relatively poor tend to suffer more. Second, over-legislation exists simultaneously with under-governance, because laws aren't enforced and the dispute resolution system, including enforcement of contracts, isn't credible.

Reforming legal institutions is not only a desirable end in itself, it also has the byproduct of adding to GDP growth. While these points are unassailable, most empirical work on documenting inefficiencies of the Indian legal system is fraught with problems. For a start, cross-country comparisons tend to be overly simplistic, ignoring the specifics of the legal regime and the context within which the country is situated. In addition, legal indicators used, even when they are not cross-country, tend to be too macro and aggregate and are indiscriminately used. For instance, data collected for Hyderabad are applied to all of Andhra Pradesh. This paper adopts a different approach. It draws contrasts between Gurgaon and Faridabad, districts (and towns) not only located within the same State, but also districts with similar historical and geographical backgrounds. This enables one to control for many variables that cause different trajectories of legal and economic development within and across countries. The paper then seeks to explain the differential growth in these two geographical regions through differences in the legal land regimes.

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Private sector participation and private investment have become the mainstay of the Government of India's policy toward infrastructural development. The success of the ongoing eleventh five-year plan critically depends on the success of Public Private Partnerships (PPPs) in infrastructure. Moreover, several state governments are also trying to attract PPPs for the provision of public goods.

In this paper, we have studied the performance of the Public Private Partnerships (PPPs) programme of Government of India, for development of highways and expressways. The focus of the study is on the following questions: Why have some projects attracted private investment while others have not? Why only a few states have attracted PPPs, while some others have completely failed to do so? We have also discussed some other issues related to the PPP policy and its limited success. We have provided a set of legal and economic variables that explain the skewed distribution of PPPs across projects as well as across the states. We have shown that the richer states have attracted more PPPs than the poorer ones. Besides, the probability of PPP is higher for projects located on national highways connecting richer states, and those located closer to mega cities. Moreover, ceteris paribus, the quality of governance, in terms of the level of property rights protection, in a state is also a significant explanatory variable. Empirical evidence in support of these claims is conclusive and robust. In the light of our findings, we have answered the following additional questions: Is PPP a viable and desirable public policy for development of infrastructure in poor states? What are the lessons emerging from the Indian experience with PPPs so far? Our dataset includes all of the highway and expressway projects that have been or are being developed as a part of the National Highways Development Project (NHDP).

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Paul Romer is a Senior Fellow in the Stanford Center for International Development (SCID) and the Stanford Institute for Economic Policy Research (SIEPR). His contributions to the field of economics include being the primary developer of New Growth Theory, which reduces the traditional emphasis on the scarcity of objects and directs attention to the power of new ideas. His theory has brought renewed optimism about the potential for growth in both advanced and developing economies.

For his work on the economics of ideas, Paul was named one of America's 25 most influential people by TIME magazine (1997), elected a fellow of the American Academy of Arts and Sciences (2000) and awarded the Horst Claus Recktenwald Prize in Economics (2002). He is a Research Associate of the National Bureau of Economic Research and a Fellow of the Econometric Society. Prior to his current Stanford University position, he taught in the university's Graduate School of Business as the STANCO 25 Professor of Economics and was honored with the Distinguished Teaching Award (1999). Before moving to Stanford, Paul taught economics at the University of California at Berkeley, the University of Chicago and the University of Rochester. He received his PhD in economics from the University of Chicago.

In addition to his career in teaching and research, Paul founded Aplia, Inc., which is now part of Cengage Learning. Aplia, which develops and applies technologies to improve student learning, grew out of Paul's conviction that it is possible to use information technology to raise productivity in education. This lesson has important implications for how societies keep up with the growing demand for highly educated workers-a demand that is driven by the use of new technology in all other sectors of the economy.

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Paul Romer Senior Fellow Speaker Stanford Center for International Development (SCID) and Stanford Institute for Economic Policy Research (SIEPR)
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This seminar examines possible explanations for a striking anomaly in the distribution of democracies around the world. While 60 percent of all the independent states in the world are at least electoral democracies, the Arab world is alone among major regions in lacking a critical mass of democracies. In fact, not a single one of the states of the Arab Middle East is classified by Freedom House as a democracy today. This presentation examines possible cultural, historical, economic, political, institutional, and geostrategic explanations for the democracy deficit in the Arab world. Rejecting some of these possible explanations as implausible or untenable, it affirms others and considers what factors might foster transitions to constitutional democracy in the Arab world.

Summary
Larry Diamond's presentation explored the question of why there is no Arab democracy in the Middle East and North Africa. Using Freedom House panel data, he demonstrated the relatively stagnant levels of democratic freedoms that have typified this authoritarian slice of geography for the last several decades: only two countries out of nearly twenty could be considered electoral democracies, and these were the non-Arab states of Turkey and Israel. He next sifted through several potential explanations for the absence of democratization.

The first was the culturalist thesis, that something inherent within Islam or Arab culture precludes the formation of a genuinely democratic set of institutions and values. However, the presence of democracy in other non-Western regions casts doubt on this contention. The second was economic development, a popular variable often correlated with democratic transitions; however, Arab autocracies each have analogues in other regions with similar levels of development but with democratic governments. More plausibly, a variety of political and institutional variables lay at the heart of the problem. For one, these regimes have become extremely adept at repressing dissidents and reformists within their societies. For another, they have adopted an adaptable ecology of liberalization, in which short bursts of political reform relieve temporary demands for reform while leaving intact executive monopolies over state resources. Further, they efficiently divide opposition parties and civic forces, often by imposing electoral rules and regulations that make it impossible for civil society-which is generally weak and fragmented-to mount concerted campaigns against the state apparatus. Finally, the dual conundrums of Islamism and the Arab-Israeli conflict play into each regime's survival strategy.

Authoritarian incumbents play up the nightmare of Islamic extremists gaining power to curry favor with the West and delay reforms; they also use the Palestinian issue to defuse popular grievance by way of rechanneling indignation against Israel.

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Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies
William L. Clayton Senior Fellow at the Hoover Institution
Professor, by courtesy, of Political Science and Sociology
diamond_encina_hall.png MA, PhD

Larry Diamond is the William L. Clayton Senior Fellow at the Hoover Institution, the Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies (FSI), and a Bass University Fellow in Undergraduate Education at Stanford University. He is also professor by courtesy of Political Science and Sociology at Stanford, where he lectures and teaches courses on democracy (including an online course on EdX). At the Hoover Institution, he co-leads the Project on Taiwan in the Indo-Pacific Region and participates in the Project on the U.S., China, and the World. At FSI, he is among the core faculty of the Center on Democracy, Development and the Rule of Law, which he directed for six and a half years. He leads FSI’s Israel Studies Program and is a member of the Program on Arab Reform and Development. He also co-leads the Global Digital Policy Incubator, based at FSI’s Cyber Policy Center. He served for 32 years as founding co-editor of the Journal of Democracy.

Diamond’s research focuses on global trends affecting freedom and democracy and on U.S. and international policies to defend and advance democracy. His book, Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency, analyzes the challenges confronting liberal democracy in the United States and around the world at this potential “hinge in history,” and offers an agenda for strengthening and defending democracy at home and abroad.  A paperback edition with a new preface was released by Penguin in April 2020. His other books include: In Search of Democracy (2016), The Spirit of Democracy (2008), Developing Democracy: Toward Consolidation (1999), Promoting Democracy in the 1990s (1995), and Class, Ethnicity, and Democracy in Nigeria (1989). He has edited or coedited more than fifty books, including China’s Influence and American Interests (2019, with Orville Schell), Silicon Triangle: The United States, China, Taiwan the Global Semiconductor Security (2023, with James O. Ellis Jr. and Orville Schell), and The Troubling State of India’s Democracy (2024, with Sumit Ganguly and Dinsha Mistree).

During 2002–03, Diamond served as a consultant to the US Agency for International Development (USAID) and was a contributing author of its report, Foreign Aid in the National Interest. He has advised and lectured to universities and think tanks around the world, and to the World Bank, the United Nations, the State Department, and other organizations dealing with governance and development. During the first three months of 2004, Diamond served as a senior adviser on governance to the Coalition Provisional Authority in Baghdad. His 2005 book, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq, was one of the first books to critically analyze America's postwar engagement in Iraq.

Among Diamond’s other edited books are Democracy in Decline?; Democratization and Authoritarianism in the Arab WorldWill China Democratize?; and Liberation Technology: Social Media and the Struggle for Democracy, all edited with Marc F. Plattner; and Politics and Culture in Contemporary Iran, with Abbas Milani. With Juan J. Linz and Seymour Martin Lipset, he edited the series, Democracy in Developing Countries, which helped to shape a new generation of comparative study of democratic development.

Download full-resolution headshot; photo credit: Rod Searcey.

Former Director of the Center on Democracy, Development and the Rule of Law
Faculty Chair, Jan Koum Israel Studies Program
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Larry Diamond Director, CDDRL; Senior Fellow at the Freeman Spogli Institute and the Hoover Institution and Professor of Political Science and Sociology, by courtesy Speaker
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