In the process of procurement of renewable energy equipment, but also in the loan agreement negotiation, in-house legal teams, often supported by external local law firms, can spend months discussing certain clauses of the agreements such as the applicable law, change in law, dispute resolution mechanisms and in general possible termination scenarios. This is because from a legal point of view these provisions are the backbone of the project company’s stack of agreements. Settling under New York Law might prove much more feasible for an international investor in conflict with a local Egyptian bank. The same applies when having an arbitration in Switzerland between a Chinese equipment provider and an Italian utility for a project located in Peru, likely better than if the arbitration was set to take place anywhere else. Every project has its own characteristics, every sponsor has its own risk tolerances and legal professionals act upon these aspects. Most actors do business in good faith, but sometimes some circumstances lead to complex situations and to disputes.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Termination Rights in Renewable Energy Contracts: Change in Law, Default and Dispute Resolution

  • Farid Mohamadi

摘要

In the process of procurement of renewable energy equipment, but also in the loan agreement negotiation, in-house legal teams, often supported by external local law firms, can spend months discussing certain clauses of the agreements such as the applicable law, change in law, dispute resolution mechanisms and in general possible termination scenarios. This is because from a legal point of view these provisions are the backbone of the project company’s stack of agreements. Settling under New York Law might prove much more feasible for an international investor in conflict with a local Egyptian bank. The same applies when having an arbitration in Switzerland between a Chinese equipment provider and an Italian utility for a project located in Peru, likely better than if the arbitration was set to take place anywhere else. Every project has its own characteristics, every sponsor has its own risk tolerances and legal professionals act upon these aspects. Most actors do business in good faith, but sometimes some circumstances lead to complex situations and to disputes.