# Strengthening International Courts and the Early Settlement of Disputes

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1 Strengthening International Courts and the Early Settlement of Disputes Michael Gilligan, Leslie Johns, and B. Peter Rosendorff November 18, 2008 Technical Appendix Definitions σ(ŝ) {π [0, 1] s(π) = ŝ} f(π) g(π ŝ) for all π σ(ŝ); 0 for all π σ(ŝ) f(ˆπ)dˆπ E[π ŝ] σ(ŝ) 1 0 πg(π ŝ)dπ V v P R P (π) {(1 q)[pwɛ + (1 p)b] + qπa + q(1 π)c} v P qk Equilibrium Selection and Characterization Sketch of components of full proof of Proposition 2: If k < k, there does not exist a universally divine pooling equilibrium. If k k, then a universally divine pooling equilibrium exists. (Lemma 1) Note that two classes of strategy profiles are possible: 1. Strategy profiles in which all demands are always rejected; i.e. r(s(π)) for all π [0, 1]. 2. Strategy profiles in which there exists at least one type of player who makes a demand that is accepted with positive probability. 1

2 We begin by restricting attention to the latter strategy profiles and prove properties of equilibria that include such strategy profiles. We refer to these as X-equilibria. (Definition 1) The former strategy profiles are ruled out on efficiency grounds in Lemmata 6 and 8. In any semi-separating X-equilibria, it must be the case that low types fully separate, high types demand s = 1, and r(s = 1) < 1. (Lemma 4) If k k or k k, then no universally divine semi-separating X-equilibrium exists. (Lemma 5) If k k, then the fully separating X-equilibrium is the unique efficient universally divine equilibrium. (Lemma 6) If k < k, then no fully separating X-equilibrium exists. (Lemma 7) If k (k, k ), then the semi-separating X-equilibrium is the unique efficient universally divine equilibrium. (Lemma 8) Lemma If k < k, then there does not exist a universally divine pooling equilibrium. 2. If k k, then there exists a universally divine pooling equilibrium in which the plaintiff always demands s = 1 and this demand is always accepted. Proof of Lemma 1. In any possible pooling equilibrium, settlement demands take the form s(π) = s P for all π [0, 1]. Since D can t update her beliefs after observing s P, D will accept a pooling demand s P iff: s P (1 q)[p(1 ɛ + wɛ) + (1 p)b] + qc + qk + q(a c)e[π] s 1. If k < k, then s < 1. We begin by considering pooling demands for which r(s P ) = 1. Suppose s P ( s, 1]. Then r(s P ) = 1 and the plaintiff receives expected utility of R P (π). Consider type π = 0 and deviation s = (1 q)[pwɛ + (1 p)b] + qc δ for δ > 0. This deviation offer would always be accepted by D, regardless of the form of off-the-equilibrium-path beliefs, since: (1 s ) = {(1 q)[p(1 wɛ) + (1 p)(1 b)] + q(1 c) + δ} > {(1 q)[p(ɛ wɛ) + (1 p)(1 b)] + qπ(1 a) + q(1 π)(1 c)} qk 2

3 for all π [0, 1]. Such a deviation would be profitable for P of type π = 0 iff: s v P > R P (π = 0) δ < qk v P Such a δ can always be found. So in any possible pooling equilibrium, it must be that s P [0, s]. Now we consider pooling demands for which r(s P ) = 0; i.e. s P [0, s]. Since s < 1, there always exists an interval of demands (s P, 1] that are not made in equilibrium. What does universal divinity imply about D s beliefs after observing such an out-of-equilibrium demand? Let ˆρ(π, s ) denote the probability of rejection (i.e. going to trial) that makes a plaintiff of type π indifferent between the pooling offer s P and a deviation s. Then: s P v P = ˆρ(π, s )R P (π) + [1 ˆρ(π, s )]s v P ˆρ(π, s ) = sp s R P (π) v P s π ˆρ(π, s ) = (s s P )q(a c) ( ) 2 > 0 for s > s P RP (π) v P s So universal divinity requires that conditional on receiving an off-the-equilibriumpath demand s (s P, 1], D believes that P is of type π = 1. So D will accept the deviation offer s (s P, 1] iff: (1 s ) > {(1 q)[p(ɛ ɛw) + (1 p)(1 b)] + q(1 a)} qk s < (1 q)[p(1 ɛ + ɛw) + (1 p)b] + qa + qk s Note that s P s < s. So P of type π = 1 can always find a profitable deviation, which means that there does not exist a pooling equilibrium that satisfies the refinement of universal divinity. 2. If k k, then s 1 and r(s P ) = 0 for all pooling demands s P [0, 1]. So the universally divine pooling demand is s P = 1. Since all types of P achieve their maximum possible payoff of v P from this strategy profile, there is never incentive for any type to deviate, regardless of the form of off-the-equilibrium-path beliefs. Definition 1. An X-equilibrium is a equilibrium with a strategy profile (s, r) such that there exists a type π [0, 1] for which r(s(π)) < 1. 3

4 Lemma 2. In any X-equilibrium, there exists a type ˆπ [0, 1] s.t. π [0, ˆπ]. r(s(π)) < 1 for all Proof of Lemma 2. This follows directly from the the monotonicity of r(s(π)) in π and Definition 1. Definition 2. The X-space of an X-equilibrium is: {π [0, 1] r(s(π)) < 1} Note that by Lemma 2, this set is convex and bounded below by π = 0. Lemma 3. If there exists an interval of types, [π, π], from the X-space that fully separate, it must be that: s(π) = (1 q)[p(1 ɛ + wɛ) + (1 p)b] + qk + qπa + q(1 π)c for all π [π, π] (1) Proof of Lemma 3. First, recall that r(s(π)) is increasing π. Consider π, π [π, π] such that π < π. Monotonicity of s(π) and full separation imply that s(π) < s(π ). Suppose r(s(π)) = r(s(π )). Then type π has incentive to deviate to s(π ). So r(s(π)) is strictly increasing over [π, π]. This can only be true if D is playing a non-degenerate mixed strategy over this interval. So D must be indifferent over the choice of r(s(π)) over this interval. This is only true if eqn (1) holds. Lemma 4. In any universally divine semi-separating X-equilibrium, it must be the case that there exists a value ˆπ (0, 1) such that: full separation occurs for π < ˆπ; all types ˆπ < π demand s = 1; and r(s = 1) < 1. Proof of Lemma 4. We proceed through a series of sub-lemmata before making our final argument. Claim 4.1: There does not ever exist a universally divine semi-separating X-equilibrium in which a pooling message s P < 1 is sent by types in the X-space. 4

5 Proof: Suppose that such an equilibrium exists. Choose an arbitrary pooling message sent by types in the X-space such that s P < 1. Continuity of the demand-space (i.e. the unit interval) ensures that there will always exist a well-defined interval of feasible off-the-equilibrium path demands just above s P. Consider deviation to such a demand s from this interval, where s = s P + δ for small δ > 0. Then universal divinity requires that after observing s, D believes her opponent is of type ˆπ max σ(s P ). So D will accept deviation s iff: (1 s ) (1 q)[p(1 w)ɛ + (1 p)(1 b)] + qˆπ(1 a) + q(1 ˆπ)(1 c) qk qe[π s P ](1 a) + q(1 E[π s P ])(1 c) δ qˆπ(1 a) + q(1 ˆπ)(1 c) q(a c)(ˆπ E[π s P ]) δ Such a δ can always be found. Type ˆπ will find it profitable to make such a deviation since individual rationality requires that s P v P R P (ˆπ) and: s v P = (s P + δ)v P r(s P )r P (ˆπ) + [1 r(s P )]s P v P Claim 4.2: There does not ever exist a universally divine X-equilibrium in which: full separation occurs in the X-space; and the X-space is a strict subset of the type-space; i.e. {π [0, 1] r(s(π)) < 1} [0, 1]. Proof: Suppose that such an X-equilibrium exists. Then there exists a value ˆπ [0, 1) s.t. types π [0, ˆπ) fully separate and r(s(π)) = 1 for all π > ˆπ. 1 Then by Lemma 3: s(π) = (1 q)[p(1 ɛ+wɛ)+(1 p)b]+ qk +qπa+q(1 π)c for all π [0, ˆπ) Consider a type π (ˆπ, 1]. He has no incentive to deviate and mimic the behavior of a type π [0, ˆπ) by demanding s(π ) [s(π = 0), s(ˆπ)) iff: R P (π) r(s(π ))R P (π) + [1 r(s(π ))]s(π )v P R P (π) s(π )v P (π π )q(a c)v P (1 q)p(1 ɛ)v P + qk ( 1 + v ) P The term (π π ) can be made arbitrarily small and the condition will fail. So there always exists a type π (ˆπ, 1] who has incentive to deviate to the demand made by a type π [0, ˆπ). 1 The specific behavior at point ˆπ doesn t matter for this proof. 5

6 Claims 4.1 and 4.2 imply that if a universally divine semi-separating equilibrium exists, all pooling demands are such that either (1.) s P = 1, or (2.) s P < 1 and r(s P ) = 1. Suppose there exists a pooling message s P < 1 such that r(s P ) = 1. Then the X-space is a strict subset of the type-space and by Claim 4.2 there is no full separation in the X-space. So there must exist another pooling demand ŝ P sent by types in the X-space, which implies that r(ŝ P ) < 1. By Claim 4.1, this is only possible if ŝ P = 1. This violates monotonicity of r(s). Suppose s P = 1 and r(s P = 1) = 1. By the argument above, there must exist another pooling demand ŝ P such that r(ŝ P ) < 1. This is only possible if ŝ P = s P = 1, which contradicts the starting proposition that r(s P = 1) = 1. So the only pooling demand is s = 1 and r(s = 1) < 1. Monotonicity of s(π) ensures that full separation occurs for π < ˆπ and all types ˆπ < π demand s = 1. Lemma 5. If k k or k k, then no universally divine semi-separating X-equilibrium exists. Proof of Lemma 5. Suppose that semi-separation occurs in a universally divine X-equilibrium. Then by Lemma 4 there exists an interval [ˆπ, 1] such that s(π) = 1 for all π [ˆπ, 1] where ˆπ (0, 1), and types below ˆπ separate. If k k, then r(s = 1) = 1, which contradicts Lemma 4. If k k, then r(s = 1) = 0, so all types π < ˆπ have incentive to deviate from their separating demands to the pooling demand. This cannot constitute equilibrium behavior. 6

7 Lemma 6. If k k, then the universally divine equilibrium that maximizes efficiency is a fully separating equilibrium characterized by: s (π) = (1 q)[p(1 ɛ + wɛ) + (1 p)b] + qπa + q(1 π)c + qk for all π [0, 1] 0 if s < s (π = 0) r (s) = 1 exp ( ) π if s [s (π = 0), s (π = 1)] 1 if s > s (π = 1) where π = s s (π = 0) = qπ(a c) and qkv + (1 q)p(1 ɛ). Proof of Lemma 6. By the previous results, only two classes of universally divine equilibria are possible for k k : 1. Fully separating equilibria in which {π [0, 1] r(s(π)) < 1} = [0, 1] 2. Equilibria in which r(s(π)) = 1 for all π [0, 1]. Characterization: For existence and characterization of the universally divine fully separating X-equilibria, see the Proof of Proposition 2 in the main Appendix for the paper. Efficiency: Consider an arbitrary equilibrium in which r(s(π)) = 1 for all π [0, 1]. Joint welfare for the two players for a given value of π is: U = R P (π) + R D (π) In contrast, joint welfare in the fully separating equilibrium is: ( ) [ ( U = R P (π) + R D (π) + exp s (π) θ qk 1 + v ) ] P + (1 q)p(1 ɛ)v P So the fully separating equilibrium is more efficient than any possible equilibrium in which r(s(π)) = 1 for all π [0, 1]. Now note that since D is playing a mixed strategy, she is indifferent over all choices of θ s (π = 0). In contrast, P s expected utility from an equilibrium strategy profile parameterized by θ for a value of π is: EU P (θ π) = r (s, θ)r P (π) + [1 r (s, θ)]s (π)v ( P = R P (π) + exp s θ ) [ ( qk 1 + v ) ] P + (1 q)p(1 ɛ)v P 7

8 So P s expected utility for every value of π is increasing in θ. So θ = s (π = 0) maximizes efficiency. Lemma 7. If k < k, then there does not exist a universally divine fully separating X- equilibrium. Proof of Lemma 7. By Lemma 3, full separation requires: s(π) = (1 q)[p(1 ɛ + wɛ) + (1 p)b] + qπa + q(1 π)c + qk for all π [0, 1] This is well-defined iff: s(π = 1) 1 0 (1 q)[p(1 w)ɛ + (1 p)(1 b)] + q(1 a) qk k k Lemma 8. If k (k, k ), then the universally divine equilibrium that maximizes efficiency is a semi-separating equilibrium characterized by: (1 q)[p(1 ɛ + wɛ) + (1 p)b] + qπa + q(1 π)c + qk s(π) = for all π [0, ˆπ) 1 for all π [ˆπ, 1] 0 if s < s(0) 1 exp ( ) π if s [s(0), ŝ] r(s) = 1 if s (ŝ, 1) 1 exp ( ) [ ] ˆπ ŝv P R P (ˆπ) v P R P if s = 1 (ˆπ) where ŝ = (1 q)[p(1 ɛ+wɛ)+(1 p)b]+qˆπa+q(1 ˆπ)c+ qk and π = s(π) s(0) = qπ(a c). Proof of Lemma 8. If k (k, k ), then there do not exist universally divine pooling or fully separating X-equilibria. The only remaining possibilities are: 1. Semi-separating equilibria of the form outlined in Lemma Equilibria in which r(s(π)) = 1 for all π [0, 1]. 8

9 Characterization: For existence and characterization of the universally divine semiseparating X-equilibria, see the Proof of Proposition 2 in the main Appendix for the paper. Efficiency: Consider an arbitrary equilibrium in which r(s(π)) = 1 for all π [0, 1]. Joint welfare for the two players for a given value of π is: U = R P (π) + R D (π) In contrast, joint welfare in the semi-separating equilibrium above is: ( ) U = R P (π) + R D (π) + exp s (π) θ [s (π)v P R P (π)] for π [0, ˆπ) = R P (π) + R D (π) ( ) + exp s (π) θ ŝvp R P (ˆπ) v P R P (ˆπ) [s (π)v P R P (π)] for π [ˆπ, 1] So the semi-separating equilibrium above is more efficient than any possible equilibrium in which r(s(π)) = 1 for all π [0, 1]. Now note that since D is playing a mixed strategy, she is indifferent over all choices of θ s (π = 0). In contrast P s expected utility from an equilibrium strategy profile parameterized by θ for a value of π is: EU P (θ π) = r (s, θ)r P (π) + [1 r (s, θ)]s (π)v ( ) P = R P (π) + exp s (π) θ [s (π)v P R P (π)] for π [0, ˆπ) = R P (π) ( ) + exp s (π) θ ŝvp R P (ˆπ) v P R P (ˆπ) [s (π)v P R P (π)] for π [ˆπ, 1] So P s expected utility for every value of π is increasing in θ. So θ = s (π = 0) maximizes efficiency. The full proof of Proposition 2 follows from the existence and characterization results in the main Appendix of the paper and the conjunction of Lemmata 1-8 above. 9

10 Additional Comparative Statics Proposition: For a low cost court or a dispute over a high value asset, as the plaintiff s share from either war (w) or negotiations after a case is dismissed (b) increases: settlement offers increase, and there is no effect on the probabilities that a settlement is rejected, trial takes place, or war occurs in equilibrium. Proof of Proposition s (π) w r (s (π)) w r (s (π)) b = (1 q)pɛ > 0 and s (π) = (1 q)(1 p) > 0 ( b = exp ) [ ] π π = 0 T W = 0 and w w w = 0 ( = exp ) [ ] π π = 0 T W = 0 and = 0 b b b 10

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