mayo 09 2024

Managing Sovereign Risk on a Transaction – What Commercial Parties Need to Know

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State involvement in commercial transactions continues to increase, presenting a distinct area of legal risk for commercial parties.

Why does this matter?

Put simply, a state's claim to immunity may mean a commercial party is unable to secure legal redress, in the event of a state default or breach of contract or other legal wrong. Even if a commercial party can overcome the issue of immunity and obtain a judgment or arbitral award, it may then be unable to enforce against a state's assets, potentially rendering any judgment or award worthless.

Join Sarah Garvey, Michael Ware and Alex Lakatos as they discuss:

  • The key risks under US and English law facing commercial parties on deals with a state or state entity
  • How best to mitigate those risks
  • The position of international organisations, such as multilateral development banks, many of whom enjoy immunities and other privileges 

 

Sarah Garvey and Alex Lakatos further discuss these issues in a legal update on sovereign risk.

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