International business transactions

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OUTLINE International Business Transactions

INTERNATIONAL BUSINESS TRANSACTIONS
THEMES

Risk identification, allocation, and mitigation
Role and limits of part autonomy
- Relationship to mandatory law
What law governs?
- Relationship between applicable law and applicable forum
Follow the money
Debt v. Equity
Identification of particular parties and the specific legal or contractual relationships among those parties
Impact of time
Economic development and international business transactions

General Issues for All Projects

Completion risk
Offtake (Revenue) risk
Operating Risk
Fuel and Material Supply and Transportation Risk
Environmental Risk
Permitting Risk
Force Majeure Risk
- Commercially Insurable Risk
- Political and Other Uninsurable Risks

Specific Issues in International Project Finance

License and Regulatory Framework
Legal Risk
- Choice of Law
- Jurisdiction
- Sovereign Immunity
- Enforcement of Security
Political Risks
- Government Support Agreement or Comfort Letter
- Political Risk Insurance
- Treaties
- Structural Mitigation or Political Risk
Foreign Exchange
Taxation

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