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Drafting International Contracts: An Analysis of Contract Clauses by Marcel Fontaine, Filip De Ly

Drafting International Contracts: An Analysis of Contract Clauses Marcel Fontaine, Filip De Ly ebook
ISBN: 9004176799, 9789004176799
Page: 653
Publisher: Martinus Nijhoff Publishers Brill Academic
Format: pdf

As one Additionally, the bonds governed under Greek law were not drafted with a collective action clause (“CAC”). For example, dispute resolution lawyers find it coherent to choose England as the place of the arbitration if the substantive law of the contract is English law. Based on analysis of hundreds of foreign-law sovereign bond contracts, Drake finds that some sovereign debt instruments allow a government to vote to modify its own contract terms and reduce its obligations to private creditors. Therefore, the applicability of the analysis presented below should be far-reaching in the Eurozone crisis, as the outcome in Greece may establish a template for future Eurozone restructurings. Drafting International Contracts: An Analysis of Contract Clauses. My recommendation, however, for international contracts, would be to address this clause in such contract; irrespective of the fact that parties may chose in such contracts to include or exclude the Consequential Damages. That contracts constitute property under international law, and the taking of contract rights alone constitutes an expropriation. American Arbitration Association (AAA) - Focus Area: International: A collection of pertinent links for foreign arbitration including Drafting Dispute Resolution Clauses, Beginner's Guide to ADR, and Fact Sheets for international issues. [2] Some interesting drafting tips from Paulsson J. Why would you advocate for contract OpenOil's experience in analysing petroleum contracts shows that it is impossible to understand the implications of contract terms for government revenue without seeing all of the relevant clauses. In its broadest sense, arbitration is a vehicle of dispute resolution in which parties to a contract select a neutral arbitrator (or a panel of arbitrators) to present their dispute for a legally binding ruling. We are surprised and disappointed to find, in the recent publication of new draft laws on the mining and petroleum sector, that there is no commitment to mandatory contract disclosure at all.