Adaptation and Renegotiation of Contracts in International Trade and Finance

Name: Adaptation and Renegotiation of Contracts in International Trade and Finance
Brand: Kluwer Law International
Price: 538.99 EUR
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Norbert Horn(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 1. Januar 2001

444 Seiten

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Inhalt

Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
Foreword
Table of Contents
Abbreviations
Table of Cases
INTRODUCTION
THE CONCEPTS OF ADAPTATION AND RENEGOTIATION IN THE LAW OF TRANSNATIONAL COMMERCIAL CONTRACTS
I. The Problem of Changes in Circumstances
A. ADAPTATION
B. RENEGOTIATION
C. THE LEGAL ISSUE: STABILITY AND FLEXIBILITY OF CONTRACTS
II. Terms and Concepts of Contract Modification
A. ADAPTATION
B. RENEGOTIATION
C. A COMPARATIVE LOOK AT OTHER CONFLICT SETTLEMENT PROCEDURES
PART ONE The Revision of Contracts by Operation of the Applicable Law: Frustration, Force Majeure, and Impracticability in Various Legal Systems
CHANGES IN CIRCUMSTANCES AND THE REVISION OF CONTRACTS IN SOME EUROPEAN LAWS AND IN INTERNATIONAL LAW
I. The Basic Questions: Changes in Circumstances in the Context of Contractual Liability
II. Legal Responses of the Private Laws of Some European Countries
III. Recognized Transnational Rules on Changes in Circumstances in Commercial Contracts?
MODIFICATION AND ADAPTATION OF CONTRACTS: AMERICAN LEGAL DEVELOPMENTS
I. Introduction and Factual Background
II. The Available Legal Doctrines in Their Dispute Setting
III. The Role of Legal Doctrine in the Modification Process: 'Bargaining in the Shadow of the Law'
ADAPTATION OF CONTRACTS: AN ARGENTINE SUBSTANTIVE AND PRIVATE INTERNATIONAL LAW OUTLOOK
I. Introduction
II. Obtaining Release from Contractual Obligations
III. The Approach of Argentine Courts
IV. General Conclusions
THE REVISION AND ADAPTATION OF CONTRACTS IN PHILIPPINE LAW ? WITH A COMPARATIVE LOOK AT THE LAW OF OTHER ASEAN COUNTRIES
I. Introduction
II. The Philippines
III. Comparative Asean Outlook
IV. Conclusion
LEGAL CRITERIA FOR THE REVISION AND ADAPTATION OF INTERNATIONAL COMMERCIAL CONTRACTS: THE AFRICAN AND ARAB PERSPECTIVE
I. Introduction
II. Conceptual Characterization of International Commercial Contracts
III. Renegotiation
IV. Cases of Revision and Adaptation
V. Conclusion
PART TWO Adaptation and Renegotiation according to the Terms of the Contract
STANDARD CLAUSES ON CONTRACT ADAPTATION IN INTERNATIONAL COMMERCE
I. Adaptation Clauses Exemplified
II. A Typology of Adaptation Clauses
III. Built-in Contractual Flexibility
IV. Relief from and Changes in Contractual Liability: Force Majeure, Hardship and Special Risk Clauses
V. Clauses on Contractual Liability: Default and Cross Default
ROLE OF INVESTMENT AGENCIES IN DEVELOPING COUNTRIES IN THE MANAGEMENT AND NEGOTIATION OF CONTRACTS
I. Introduction
II. Governmental Participation in the Formation and Management of Contracts for Industrial Projects: The Case of the Philippines
VARIATION AND ESCALATION CLAUSES
I. Variation Clauses
II. Escalation Clauses
HARDSHIP, FORCE MAJEURE AND SPECIAL RISKS CLAUSES IN INTERNATIONAL CONTRACTS
I. Introduction
II. Negotiation Practice
III. Contract Practice
IV. Specific Problems
V. Conclusion
PART THREE The Procedures of Adaptation and Renegotiation
PROCEDURES OF CONTRACT ADAPTATION AND RENEGOTIATION IN INTERNATIONAL COMMERCE
I. The Procedural Aspects of Contract Adaptation
II. Contract Adaptation Powers in the Views of Various National Laws
III. Adaptation Through Renegotiation: Procedural Duties and Sanctions
CONTRACT ADAPTATION THROUGH THIRD PARTY INTERVENER
THE REFEREE ARBITRAL
I. Introduction
II. International Construction Contracts as Examples
III. Lawyer and Technical Expert
IV. The FIDIC Conditions
V. The ICC Special Procedures Outside Arbitration
VI. Private Settlement, Minitrial and Conciliation
VII. Third Party's Role in Dispute Settlement
VIII. Annex: Preliminary Draft Rules for an Arbitration Referee Procedure
THE ICC RULES FOR THE ADAPTATION OF CONTRACTS
I. Background of the Rules: Limited Powers of Arbitrators
II. The Specific Features of the ICC Rules on Contract Adaptation
III. Conclusions: Merits and Limits of Conflict Settlement Through Adaptation Procedure
THE UNCITRAL CONCILIATION RULES: A'N AID ALSO IN CONTRACT ADAPTATION (AND PERFORMANCE FACILITATION)
I. Introduction with a Smile
II. Possible Drawbacks and Weaknesses of Conciliation
III. The Concept of Independent Conciliation
IV. Essential Features of the UNCITRAL Conciliation Rules (and Ensuing Practical Advantages)
ICSID AS A FORUM FOR THE RENEGOTIATION AND ADAPTATION OF CONTRACTS
I. Introduction ? Applicability of ICSID to Adaptation
II. Has the Centre Become Extinct?
III. Remarkable Features of the Centre
IV. Conclusions and Suitability of ICSID for Adaptation and Renegotiation of Contracts
PART FOUR Adaptation and Renegotiation of Contracts in International Finance
THE WORLD BANK AND THE RENEGOTIATION AND ADAPTATION OF LONG-TERM LOANS
I. Introduction
II. Renegotiation and Adaptation of World Bank Loan Covenants
III. Rescheduling of Loan Terms
EUROCURRENCY CREDITS: LEGAL QUESTIONS AND DOCUMENTATION
I. Introduction
II. The Negotiating Position of the Borrower in Trouble
III. The Matching Deposit and Net Lending Concepts
IV. Potential Liabilities of Lead Manager, Other Managers, Co-Managers and Agent
V. Choice of Law
VI. Choice of Forum
VII. Sovereign Immunity
VIII. Interest
IX. Early Repayments
X. Circumstantial Provisions
XI. The Negative Pledge Clause
XII. Events of Default, Cross-Defaults
XIII. The Benefits of Lender-Borrower Consultation
THE CRISIS OF INTERNATIONAL LENDING AND LEGAL ASPECTS OF CRISIS MANAGEMENT
I. The International Debt Crisis
II. Goals and Procedures of Restructuring International Loans
III. Legal Problems of Restructuring and the Contract Law of International Lending
IV. Conclusions: A Safety Net for Debt Crisis Management?
PRIVATE BANKS AND THE RENEGOTIATION OF PUBLIC AND PRIVATE SECTOR EXPOSURE
I. Introduction
II. Components of Restructuring Operations Involving Commercial Banks
III. The Need to Exclude Certain Debts
IV. Specific Legal Problems Arising in Connection with Rescheduling and New Money Agreements
V. Conclusion
VI. Annexes: Outline of Certain Recent Restructurings
EUROBONDS: TRUSTEES, FISCAL AGENTS AND THE TREATMENT OF DEFAULT
I. Introduction
II. Fiscal Agency Agreement
III. Trust Indentures and Trust Deeds
IV. Euromarket Issues: Fiscal Agent or Trustee?
V. Conclusion
PART FIVE Materials
A COLLECTION OF STANDARD CLAUSES
I. Mining Contracts
II. Construction Contracts
III. Contracts for the Delivery of Plants
IV. Loans
V. Bond Issues
VI. Standard Force Majeure and Hardship Clauses from other International Commercial Contracts
ADAPTATION OF CONTRACTS
Rules
Standard Clauses
How to apply to the Standing Committee
THE INTERNATIONAL CENTRE FOR TECHNICAL EXPERTISE
RULES OF THE ICC COURT OF ARBITRATION
CONCILIATION RULES
Index
Back Cover

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