The diamond trade sustains an extralegal contractual regime through private arbitration and reputational enforcement.

Evidence

Throughout its history, the diamond business has been largely selfregulating, operating outside the law of the state. Over the past thirty-five years, the private dispute-resolution mechanisms in the world’s diamond bourses, combined with widespread adherence to the secrecy norm, have succeeded in maintaining a largely extralegal contractual regime where transactions are concluded on the basis of the dealers’ reputations and the incidence of breach is low. — Lisa Bernestein, Opting out of the Legal System, 278

Categorization

  • XREF: Connects directly to the reader’s Coleman/network-closure framework: this is the positive face of the same mechanism that works against Bellodi — reputation as bond inside a closed community. — connects to: Diamond industry’s private law succeeds by enforcing judgments faster than courts. — Lisa Bernestein, Opting out of the Legal System, 17; Reputation, not third-party enforcement, governs diamond market transactions. — Lisa Bernestein, Opting out of the Legal System, 252; Pre-arbitration conciliation resolves most diamond-industry disputes. — Lisa Bernestein, Opting out of the Legal System, 258 (+8 more)
  • DEFINE: Illustrates what an ‘extralegal contractual regime’ concretely consists of: private dispute resolution plus a secrecy norm plus reputational enforcement.

Broader Connections