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Part I Assessment and Pre-Investment Management of Political Risk, 2 Structuring Transactions to Minimize Political Risk

Noah Rubins, Thomas-Nektarios Papanastasiou, N. Stephan Kinsella

From: International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide (2nd Edition)

Noah D Rubins, Thomas Nektarios Papanastasiou, N Stephan Kinsella

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 28 November 2023

Investor — Choice of law — Damages

This chapter analyzes the types of investment projects most often undertaken in developing States, and provides an analysis of the structures that can be implemented to reduce exposure to political risk. The discussions cover project types (petroleum extraction agreements and infrastructure projects), transaction structures, investor–State contracts, core State contract clauses affecting political risk (arbitration clause, choice-of-law clause, stabilization clause, and force majeure clause), clauses for guidance of courts and tribunals (damage clause, interest rate clause, local remedies clause, and waiver of sovereign immunity), and other useful contractual provisions (conversion of currency clause, payment of currency to offshore account, and binding the State as party to the contract).

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