The Contract Economy, global contract enforcement
Global/Rule of Law

Physical safety is civilization’s first prerequisite. Enforceable contracts are the second — and the gap between the countries that have them and the ones that only pretend to is where fortunes quietly disappear.

There are two things a society has to get right before anything else can work. The first is physical safety: if people can kill you and take your things with impunity, nothing else matters. That is the Hobbesian floor: the difference between Singapore and Somalia. The second is quieter, more boring, and almost never discussed. It is contract enforcement. If a person can sign a deal with you, take your money or your work, and walk away laughing because there is no real consequence, then you cannot have a mortgage, a business partnership, a venture-capital industry, an insurance market, or even a marriage that means anything beyond sentiment.

Everything above those two floors (stock markets, startups, homeownership, employment, international trade) rests on an assumption most of the world cannot actually make: that when someone breaks a promise in writing, a neutral third party with real power will make it right. The United States, for all its faults, does this better than almost anywhere. Most of the rest of the world does it somewhere between badly and not at all. And Americans, especially the ones romanticizing a cheap beach in Mexico or a €1 house in Italy, have no idea how much of their economic reality depends on a system they never think about. This is that system: why it matters, where it breaks, and what happens when it isn’t there.

370 days
to enforce a contract in the US
1,000+ days
in Italy, a G7 economy
80M
cases pending in Brazil’s courts
$35B
investment withheld after Mexico’s judicial reform

The US benchmark: what most Americans don’t know they have

The United States enforces a commercial contract in roughly 370 days, at a cost of about a third of the claim value. Those figures come from the World Bank’s Doing Business index, whose final edition was 2020, before the Bank shut the series down over methodology disputes. Dated, then; but the machinery they describe has not changed. That is not fast and it is not cheap. But it works. And, more importantly, the system works, not just the timeline.

Here is what the US has that almost nobody else does:

Common law, not civil law. American judges don’t just apply statutes; they make law through precedent. When a new kind of contract emerges (software-as-a-service, crypto staking, AI training-data licenses), common-law judges reason by analogy from existing cases. They adapt. Civil-law judges in most of the world must wait for their legislature to pass a new code, which, in countries like Cambodia or Brazil, may effectively never happen.

Discovery. You can force the other side to hand over their emails, their documents, their internal communications. In civil-law systems, discovery is minimal or nonexistent. If the other party is sitting on the evidence that proves your case and doesn’t want to give it to you, in most countries that is the end of the story.

Contingency fees. American lawyers take cases for a percentage of the recovery, so a broke plaintiff can sue a Fortune 500 company and have a real shot. In most civil-law countries the loser pays the winner’s legal fees, which sounds fair, but in practice means the little guy can’t risk suing, because if he loses he is bankrupted by the other side’s bills.

Specialized commercial courts. Delaware’s Court of Chancery handles corporate disputes with judges who spent their careers in corporate law, resolving billion-dollar M&A fights in months rather than years. The world’s largest businesses incorporate in Delaware not for the tax rate but because they know the courts will resolve disputes predictably and fast.

Efficient bankruptcy (Chapter 11). When a business fails, the US system restructures rather than liquidates. Creditors get a process; debtors get a fresh start. It isn’t contract enforcement exactly, but it is the backstop that makes lending possible in the first place.

Together these features create what you could call the American contract economy: a hundred-trillion-dollar edifice of mortgages, venture capital, corporate bonds, employment agreements, and insurance policies that simply does not exist in countries where a signed piece of paper is a suggestion rather than an obligation. The US venture industry (on the order of $170 billion deployed in 2024 alone) is not possible without it. You are wiring millions to a 25-year-old with an idea and a Delaware C-corp. The only reason you do that is because you know the shareholder agreement, the IP assignment, and the board-control provisions will hold up in court.

The civil-law problem: why most of the world loses by default

Every country in this piece except the United States (and, partially, the Philippines) operates under civil law. That is not a coincidence: civil law predominates globally, the inheritance of the Napoleonic Code, the German Bürgerliches Gesetzbuch, and colonial export.

The problem isn’t civil law in theory. German contract law is excellent; Japanese courts are efficient. The problem is what happens when civil law meets weak institutions, political interference, and no discovery mechanism. In a common-law system you sue and the court forces the other side to produce evidence. In a civil-law system the judge investigates, but the judge has three thousand other cases, no real investigative resources, and, in many of these countries, may be susceptible to a bribe or a phone call.

You can have the most perfectly drafted contract in the world. If you can’t prove breach, because the other side’s documents sit in a filing cabinet in São Paulo and no court will compel their production, then your contract is worth exactly nothing.

Italy: 1,000 days to justice in a G7 economy

Italy is the developed world’s cautionary tale. It is the seventh-largest economy on earth, with sophisticated law firms, a detailed civil code, and an elaborate system of provisional remedies: the diffida ad adempiere (formal pre-action notice), the sequestro conservativo (asset freeze), the decreto ingiuntivo (fast-track payment order). And it takes roughly 1,000 days to resolve a civil or commercial case.

That is not a developing-world statistic. It is Reuters reporting from October 2025, citing EU data that puts Italy some 200 days slower than any other EU country. When the IMF studied the problem in 2014 it found 5.3 million pending civil cases; a decade of reform later, the PNRR-mandated changes are targeting a 40% cut, from catastrophic to merely terrible.

On paper the process is elegant. You send a diffida demanding performance within fifteen days; if they don’t comply, the contract terminates automatically. You can seek an urgent asset freeze. You can get a payment order within weeks if your claim is documented, then execute against bank accounts or real estate. In practice? First instance alone runs 12–24 months. Add an appeal. Add enforcement. You are looking at three to five years from breach to recovery, assuming the debtor still has assets by the time you get there. Every year of delay is a year the debtor has to move money, sell assets, or simply outwait you. And this is a country with well-dressed lawyers in Milan, EU human-rights protections, and a Transparency International score of 56/100. Imagine what happens when you take the institutional scaffolding away.

Mexico: electing the judges who enforce your contracts

In September 2024, Mexico’s senate approved a constitutional reform that made it the only country on earth where every judge (federal, state, local, all the way to the Supreme Court) is elected by popular vote. The architect was former president Andrés Manuel López Obrador, who had spent six years attacking the judiciary as corrupt. The reform, now implemented by his protégé, President Claudia Sheinbaum, eliminated judicial-experience requirements: to run for judge you now need a law degree, an 8/10 GPA, five letters of recommendation, and an essay.

The first election was held on 1 June 2025. Turnout was about 13%, among the lowest in modern Mexican history. Morena’s candidates won overwhelmingly; six of nine Supreme Court seats went to Morena nominees, and the remaining three to AMLO appointees who won their own races. Silvia Delgado, who once served on the legal defense of Joaquín “El Chapo” Guzmán, was elected to a criminal-court judgeship in Ciudad Juárez.

The CSIS Americas Program, in a July 2025 analysis, catalogued the fallout:

  • Morgan Stanley moved Mexico to underweight
  • roughly $35 billion in investment projects put on hold
  • new and greenfield investment decisions hedged and delayed, even as headline FDI, dominated by reinvested earnings from firms already on the ground, went on to set records in 2025
  • work stoppages by striking judges creating a growing case backlog
  • contract enforcement that “may depend on newly elected judges with little commercial experience”

For anyone holding a Mexican contract, the mechanism is simple: the judge who would enforce it may now be an elected official with no commercial-law background and an incentive to answer to voters rather than to the record. Predictability, the only thing a court really sells, falls, and the risk premium on every signed agreement rises with it.

The US State Department’s Investment Climate Statement put it plainly: uncertainty about contract enforcement, insecurity, informality, and corruption continue to hinder sustained Mexican growth. This is not a small country experimenting at the margins. Mexico is a $1.4-trillion economy, America’s largest trading partner, and the manufacturing linchpin of the North American bloc. And it just made its judges subject to the same electoral dynamics as its politicians. Companies are now gaming out three options: stay and accept the risk, stay and pay the right people, or leave. Many are leaving.

Brazil: the cost of 80 million lawsuits

Brazil doesn’t have Mexico’s acute crisis. It has something arguably worse: a chronic, grinding, structural dysfunction so normalized that Brazilians have a term for it, custo Brasil, the cost of being Brazil.

Brazilian first-instance courts take around 600 days to resolve civil and commercial cases, per FGV-published research, nearly three times the European average. And that is just round one; Brazil has multiple appeal levels, and complex commercial cases can run for a decade. There are more than 80 million pending cases in the system. The judiciary is independent, but it is slow beyond any functional measure. The result is that the courts effectively tax the private sector: banks charge 40%-plus interest on consumer loans because enforcement is so unreliable that lending is inherently high-risk; infrastructure investment is deterred; mergers take years to close. On paper, one of the world’s largest economies with an independent judiciary should work. In practice, even winning can mean waiting years to collect. And in an inflationary economy, a judgment delayed is a judgment devalued.

Cambodia: the null case

Cambodia is what happens when contract enforcement simply does not exist. The 2025 US State Department Investment Climate Statement is a masterclass in understatement: investors, it notes, often complain that decisions by Cambodian regulators are inconsistent, arbitrary, and influenced by corruption. Translation: there are no rules that actually bind.

Cambodia’s legal system is French civil law on paper. In practice the ruling party controls everything, the judiciary has no independence, Transparency International ranks the country near the bottom of its index, and a commercial court announced in 2023 still did not functionally exist as of 2025. Most disputes are “resolved” through negotiation, meaning the party with better political connections wins, or both sides split the difference to avoid a court system neither trusts. Foreigners cannot own land. Title records from before the Khmer Rouge era are effectively void, and most property holders have no legal documentation of ownership. In 2021 the US Departments of State, Treasury, and Commerce issued a joint business advisory warning Americans about high-risk investments there; in 2024 the Treasury sanctioned a Cambodian tycoon and several of his businesses over forced labor in online scam centers. This is the null case: no mortgage market, no venture capital, no insurance, no real partnerships. Only cash, family networks, and political protection. GDP per capita is roughly $1,800.

Turkey: when the courts work for one man

Turkey’s Freedom House 2025 score is 33/100, “Not Free”, with a judicial-independence rating of 1 out of 4 and a due-process rating of 0 out of 4. Since the failed 2016 coup attempt, President Erdoğan has purged thousands of judges and prosecutors and replaced them with loyalists. He controls the Board of Judges and Prosecutors, which handles every judicial appointment and disciplinary action. Judges who rule against the government are removed; those who convict his critics are promoted.

The practical result for contract enforcement: if your dispute involves anyone with political connections, and in today’s Turkey that means anyone doing business at meaningful scale, you cannot trust the courts to rule on the merits. Your contract might be ironclad. If the other party has the right phone number, your contract is worthless. Property rights are formally protected but politically vulnerable: since 2016 the assets of hundreds of companies deemed associated with terrorist groups, a designation applied with considerable creative flexibility, have been confiscated, which Freedom House says has severely harmed public confidence in the rule of law. Turkey is not a poor country. It is a large, strategically located, industrializing economy with a young population and a sophisticated business class. But when contracts are only as good as your distance from political disfavor, the economy runs on connections, not law. That ceiling is real.

The tier list: a rough ranking of contract enforceability

Based on the best available data: World Bank enforcing-contracts indicators (final Doing Business edition, 2020), Transparency International’s 2023 Corruption Perceptions Index, and country-specific reporting through mid-2026. Treat the day-counts as orders of magnitude, not decimals.

Tier 1: Reliable. You can build a business here.

  • United States (≈370 days; common law, independent courts, discovery, contingency fees)
  • Japan (≈360 days; civil law but efficient, independent judiciary, CPI 73)
  • Singapore (≈150 days; common law, CPI 83: the global gold standard)

Tier 2: Functional but flawed.

  • Spain (≈515 days; civil law, CPI 60: works, but slow)
  • Portugal (≈540 days; civil law, CPI 61: post-crisis improvements)
  • Croatia (≈650 days; civil law, CPI 50: EU membership forced reforms)

Tier 3: Works on paper, or works slowly enough to destroy value.

  • Italy (1,000+ days; civil law, CPI 56: worst in the EU by a wide margin)
  • Brazil (≈600 days at first instance; civil law, CPI 36: 80M pending cases)
  • Mexico (post-2024 reform: elected judges with little commercial experience, rising enforcement risk)
  • Philippines (≈960 days; mixed system, CPI 34: massive backlog)
  • Colombia (≈1,290 days; civil law, CPI 40: one of the slowest anywhere)
  • Serbia (≈635 days; civil law, CPI 36: post-communist transition)

Tier 4: Substantial risk. Contracts are a starting point for negotiation, not a binding obligation.

  • Thailand (≈530 days on paper; civil law, CPI 35: military influence on courts)
  • Albania (≈525 days; civil law, CPI 37: incomplete judicial vetting)
  • Dominican Republic (≈590 days; civil law, CPI 35)
  • Panama (≈575 days; civil law, CPI 35: dollarized economy, civil-law courts)
  • El Salvador (extended state of emergency, rule of law deteriorating)

Tier 5: Do not rely on local courts for anything important. Structure through third-country arbitration, or don’t do the deal.

  • Turkey (civil law on paper, courts captured by the executive, due process 0/4)
  • Cambodia (endemic corruption, no functioning commercial court)

The horror stories

Every country in Tier 4 and below has them. The specific cases matter less than the categories of loss:

The real-estate disappearance. A foreigner buys property in a country where they cannot legally own land (Cambodia) or must use a bank trust (Mexico’s fideicomiso). They pay. The title never materializes, or a local claimant appears with political connections. The court offers no remedy. The property is gone, the money is gone, and there is no FBI or Delaware Chancery Court that cares.

The business partner vanishes. Two partners start a company under a shareholder agreement governed by local law. One drains the accounts and stops showing up. The other sues. Five years later there is a judgment, and the partner has moved the assets to family members. Collecting is another five-year process, if it happens at all.

The government changes the rules. You build a factory under one set of investment protections. The government rewrites the law. You have an arbitration clause under a bilateral investment treaty; you win the arbitration. Now the award has to be enforced, in the same local courts the reform just reshaped. Good luck.

The “connected” competitor. You run a business in Turkey or Cambodia. A politically connected rival opens across the street, violates your trademark, poaches your staff, and undercuts you with government-favored import duties. You sue. The case is dismissed, or worse, it simply never gets heard. Years pass. You go out of business; the competitor expands.

The American version. Even the US fails. Mandatory-arbitration clauses buried in consumer contracts block class actions against banks and employers; SLAPP suits silence critics; claims under $50,000 often aren’t worth litigating because fees exceed recovery. The difference is that in the US these are acknowledged problems with active reform movements. In the Tier 4–5 countries they aren’t bugs; they are features of a system designed to protect the powerful from accountability.

What this means for you

If you are an American, British, Singaporean, or Japanese citizen or business, you operate on easy mode. You take contract enforcement for granted because you have never lived without it.

If you are weighing an investment, a retirement, or a business anywhere below Tier 2, you have to answer one question before any other: when (not if) something goes wrong, what is my actual recourse? For most of the world the honest answer is: spend years in a foreign court system you don’t understand, in a language you don’t speak, in front of judges who may be corrupt, compromised, or simply overwhelmed, and hope the other side still has assets when you finally win.

The smarter answer is to treat the rule of law as the first line of the diligence, not an afterthought. Don’t put more money into a country than you can afford to lose. Structure every serious deal through international arbitration seated somewhere reliable. And if a deal is too small to justify arbitration costs, it is probably too risky to do at all. Or: stay where the boring, expensive, frustrating, and fundamentally functional machinery of enforcement makes everything else possible.

The bottom line

Physical safety is the first prerequisite of civilization. Contract enforcement is the second. The United States is not a perfect country: its courts are expensive, its lawyers overpaid, its litigation culture wasteful. But the system works. A signed piece of paper means something. A court will hear your case, a judge will rule, and a judgment can be collected. And because everyone in the market knows this, most disputes never reach a courtroom at all. They settle in the shadow of a credible threat of enforcement.

Most of the world does not have this. The beaches are beautiful, the cost of living is low, and the food is better. But when your partner stops answering emails and your money is in a bank account in Phnom Penh, none of that matters. The contract economy is the invisible infrastructure of prosperity. You notice it the way you notice electricity: only when it’s gone.

Intelligent Internationalist
Nothing here constitutes investment, tax, or legal advice. All data from publicly available sources as of June 2026.
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